Clarke, R. v

Clarke, R. v

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

Parties
Prosecution: Regina; Appellant: John Omar Clarke
Jurisdiction
England and Wales
Judgment Date
19 April 2007
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Robbery, Imprisonment for Public Protection, Sentencing, Imitation Firearm, Psychological Harm

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

John Omar Clarke

Appellant

Procedural Posture

Criminal Appeal / Judgment

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

Ratio Decidendi

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

Court Disposition

appeal dismissed

Orders

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