Smith, R. v [2025] EWCA Crim 584 (03 April 2025)

Smith, R. v [2025] EWCA Crim 584 (03 April 2025)

The sentencing judge did not err in principle or law in imposing a lengthy extended sentence given the gravity and depravity of the offences, the risk posed by the appellant, and the aggravating features. However, technical errors in the structuring of the extended sentence and the administrative imposition of the...

Source-derived case information.

Citation
[2025] EWCA Crim 584
Parties
Prosecution: Rex; Appellant: Luke Smith
Jurisdiction
England and Wales
Judgment Date
03 April 2025
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Extended Sentences, Technical Sentencing Errors, Victim Surcharge
Criminal Law Sentencing Extended Sentences Technical Sentencing Errors Victim Surcharge

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Parties

Rex

Prosecution

Luke Smith

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the sentencing judge failed to consider mitigation and guilty plea
  3. 3 Whether technical errors were made in the structuring of the extended sentence and imposition of victim surcharge

Ratio Decidendi

The sentencing judge did not err in principle or law in imposing a lengthy extended sentence given the gravity and depravity of the offences, the risk posed by the appellant, and the aggravating features. However, technical errors in the structuring of the extended sentence and the administrative imposition of the victim surcharge required correction.

Court Disposition

appeal allowed in part

Orders

  • Sentence restructured to specify extended sentence on count 3 (14 years: 9 years custodial, 5 years extended licence), with counts 6 (8 years 4 months) and 12 (2 years 8 months) consecutive; all other sentences concurrent; total custodial term 20 years, extended licence 5 years.
  • Victim surcharge to be removed from the Crown Court record.