Bennett v R.

Bennett v R.

The relevant age for determining the applicable sentencing regime under sections 225 and 226 of the Criminal Justice Act 2003 is the age at the date of conviction, not the date of commission. The sentencing judge was obliged to impose an indeterminate sentence under section 225, and the appeal must be dismissed as the sentence was lawfully imposed.

Parties
Appellant: Liam David Bennett; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
11 April 2019
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Sentencing, Dangerous Offenders, Interpretation of Statutes, Human Rights
Criminal Law Sentencing Dangerous Offenders Interpretation of Statutes Human Rights

Case Brief

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Parties

Liam David Bennett

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the relevant age for sentencing under sections 225 and 226 of the Criminal Justice Act 2003 is the age at the date of commission or conviction
  2. 2 Whether the sentencing judge erred in imposing an indeterminate sentence under section 225 instead of section 226
  3. 3 Applicability of Article 7 ECHR and principle of lex gravior to sentencing regime

Ratio Decidendi

The relevant age for determining the applicable sentencing regime under sections 225 and 226 of the Criminal Justice Act 2003 is the age at the date of conviction, not the date of commission. The sentencing judge was obliged to impose an indeterminate sentence under section 225, and the appeal must be dismissed as the sentence was lawfully imposed.

Court Disposition

Appeal dismissed

Orders

  • Record Sheet to be amended to reflect sentencing under section 225 of the Criminal Justice Act 2003