Brown, R v [2011] EWCA Crim 2256 (23 September 2011)

Brown, R v [2011] EWCA Crim 2256 (23 September 2011)

The judge erred in imposing a life sentence as the offence, while serious, was not so exceptional as to require it; an IPP with a minimum term of 7 years (less time served) was proportionate given the mitigating factors and the nature of the risk.

Citation
[2011] EWCA Crim 2256
Parties
Prosecution: Regina; Appellant: Martin Brown
Jurisdiction
England and Wales
Judgment Date
23 September 2011
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Sentence
Outcome
Appeal allowed in part; life sentence quashed; substituted with imprisonment for public protection with a 7-year minimum term (less time served).
Legal Topics
Attempted Murder, Sentencing, Dangerousness, Imprisonment for Public Protection (ipp), Life Imprisonment, Mitigating Factors
Criminal Law Attempted Murder Sentencing Dangerousness Imprisonment for Public Protection (ipp) Life Imprisonment Mitigating Factors

Case Brief

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Parties

Regina

Prosecution

Martin Brown

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Sentence

Legal Issues

  1. 1 Whether the appellant was correctly found to be dangerous under the relevant legislation
  2. 2 Whether a life sentence was appropriate or an IPP would suffice
  3. 3 Whether the minimum term imposed was excessive

Ratio Decidendi

The judge erred in imposing a life sentence as the offence, while serious, was not so exceptional as to require it; an IPP with a minimum term of 7 years (less time served) was proportionate given the mitigating factors and the nature of the risk.

Court Disposition

Appeal allowed in part; life sentence quashed; substituted with imprisonment for public protection with a 7-year minimum term (less time served).

Orders

  • Life sentence quashed
  • Imprisonment for public protection imposed