Friend & Anor, R. v

Friend & Anor, R. v

The sentencing judge failed to consistently apply the statutory test for significant risk of serious harm, conflating 'significant harm' with 'serious harm' and using inconsistent language. On the facts, Tarrant's offending did not demonstrate a significant risk of serious harm to the public as defined by the Act. Therefore, the indeterminate sentence for public protection was not justified and must be quashed.

Parties
Prosecutor: Regina; Appellant: Kevin Friend; Appellant: Richard Tarrant
Jurisdiction
England and Wales
Judgment Date
11 January 2006
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed; sentence of detention for public protection quashed; substituted with determinate sentence
Legal Topics
Robbery, Theft, Sentencing, Public Protection Sentences, Risk Assessment
Criminal Law Robbery Theft Sentencing Public Protection Sentences Risk Assessment

Case Brief

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Parties

Regina

Prosecutor

Kevin Friend

Appellant

Richard Tarrant

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

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 correctly applied the 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, conflating 'significant harm' with 'serious harm' and using inconsistent language. On the facts, Tarrant's offending did not demonstrate a significant risk of serious harm to the public as defined by the Act. Therefore, the indeterminate sentence for public protection was not justified and must be quashed.

Court Disposition

appeal allowed; sentence of detention for public protection quashed; substituted with determinate sentence

Orders

  • Indeterminate sentence for public protection quashed
  • Determinate sentence of 38 months' imprisonment substituted, less 48 days spent on remand