Clarke, R. v [2007] EWCA Crim 1016 (19 April 2007)

Clarke, R. v [2007] EWCA Crim 1016 (19 April 2007)

The sentencing judge was entitled to conclude there was a significant risk of serious psychological harm to the public from further offending, and the minimum period specified was not manifestly excessive given the number and nature of offences.

Citation
[2007] EWCA Crim 1016
Parties
Prosecution: Regina; Appellant: John Omar Clarke
Jurisdiction
England and Wales
Judgment Date
19 April 2007
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Robbery, Imitation Firearm, Imprisonment for Public Protection, Sentencing Guidelines, Psychological Harm
Criminal Law Robbery Imitation Firearm Imprisonment for Public Protection Sentencing Guidelines Psychological Harm

Case Brief

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Parties

Regina

Prosecution

John Omar Clarke

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge was correct to find a significant risk of serious harm to the public justifying imprisonment for public protection
  2. 2 Whether the minimum period specified was excessive given guilty pleas

Ratio Decidendi

The sentencing judge was entitled to conclude there was a significant risk of serious psychological harm to the public from further offending, and the minimum period specified was not manifestly excessive given the number and nature of offences.

Court Disposition

appeal dismissed

Orders

  • sentence of imprisonment for public protection with minimum period of four and a half years upheld