Scott, R. v

Scott, R. v

The judge erred in finding that a sentence of detention for public protection must be imposed; the notional determinate sentence was too high and insufficient credit was given for pleas and age. A determinate sentence of 5 years is appropriate.

Parties
Prosecutor: Regina; Appellant: Jamie Scott
Jurisdiction
England and Wales
Judgment Date
16 November 2007
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Sentencing, Arson, Burglary, Public Protection Sentences, Youth Offenders
Criminal Law Sentencing Arson Burglary Public Protection Sentences Youth Offenders

Case Brief

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Parties

Regina

Prosecutor

Jamie Scott

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of detention for public protection was appropriate
  2. 2 Whether the notional determinate sentence was manifestly excessive and gave sufficient credit for pleas and age

Ratio Decidendi

The judge erred in finding that a sentence of detention for public protection must be imposed; the notional determinate sentence was too high and insufficient credit was given for pleas and age. A determinate sentence of 5 years is appropriate.

Court Disposition

appeal allowed

Orders

  • Sentence of detention for public protection quashed
  • Substituted with a determinate sentence of 5 years in a young offender institution, less 97 days served on remand