Friend & Anor, R. v [2006] EWCA Crim 3423 (11 January 2006)

Friend & Anor, R. v [2006] EWCA Crim 3423 (11 January 2006)

The sentencing judge failed to consistently apply the statutory test for significant risk of serious harm as required by the Criminal Justice Act 2003, and the facts did not support the conclusion that Tarrant posed such a risk. Therefore, the indeterminate sentence for public protection was quashed and replaced with a determinate sentence.

Citation
[2006] EWCA Crim 3423
Parties
Prosecution: Regina; Appellant: Kevin Friend; Appellant: Richard Tarrant
Jurisdiction
England and Wales
Judgment Date
11 January 2006
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part; indeterminate sentence quashed; determinate sentence substituted.
Legal Topics
Robbery, Theft, Sentencing, Detention for Public Protection, Criminal Justice Act 2003, Risk of Serious Harm
Criminal Law Robbery Theft Sentencing Detention for Public Protection Criminal Justice Act 2003 Risk of Serious Harm

Case Brief

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Parties

Regina

Prosecution

Kevin Friend

Appellant

Richard Tarrant

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the imposition of an indeterminate sentence for public protection under section 225 of the Criminal Justice Act 2003 was justified for Tarrant
  2. 2 Whether the sentencing judge applied the correct statutory test for significant risk of serious harm

Ratio Decidendi

The sentencing judge failed to consistently apply the statutory test for significant risk of serious harm as required by the Criminal Justice Act 2003, and the facts did not support the conclusion that Tarrant posed such a risk. Therefore, the indeterminate sentence for public protection was quashed and replaced with a determinate sentence.

Court Disposition

Appeal allowed in part; indeterminate sentence quashed; determinate sentence substituted.

Orders

  • Quash sentence of detention for public protection for Tarrant
  • Substitute determinate sentence of 38 months, less 48 days spent on remand