Cotilla, R. v

Cotilla, R. v

The Court of Appeal is precluded by statute from substituting a more severe sentence (IPP) for an extended sentence imposed in error, but may adjust the terms of the extended sentence if excessive. The custodial period imposed was excessive for an attempt offence by a first-time offender who pleaded guilty, and should be reduced to 18 months. The extended licence period was not excessive given the risk posed and the need for ongoing supervision.

Parties
Respondent: Regina; Applicant: Luis Cotilla
Jurisdiction
England and Wales
Judgment Date
20 February 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part
Legal Topics
Sentencing, Sexual Offences, Dangerousness Provisions, Extended Sentences, Imprisonment for Public Protection (ipp), Appeal Powers
Criminal Law Sentencing Sexual Offences Dangerousness Provisions Extended Sentences Imprisonment for Public Protection (ipp) Appeal Powers

Case Brief

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Parties

Regina

Respondent

Luis Cotilla

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing court erred by imposing an extended sentence instead of the mandatory IPP sentence under the Criminal Justice Act 2003
  2. 2 Whether the Court of Appeal has power to substitute the correct mandatory sentence on appeal
  3. 3 Whether the custodial period and licence period imposed were excessive

Ratio Decidendi

The Court of Appeal is precluded by statute from substituting a more severe sentence (IPP) for an extended sentence imposed in error, but may adjust the terms of the extended sentence if excessive. The custodial period imposed was excessive for an attempt offence by a first-time offender who pleaded guilty, and should be reduced to 18 months. The extended licence period was not excessive given the risk posed and the need for ongoing supervision.

Court Disposition

Appeal allowed in part

Orders

  • Custodial period of 3½ years quashed and substituted with 18 months
  • Time served on remand to count towards custodial term