Brown, R v

Brown, R v

The appellant's offence, though serious and causing long-term psychological harm, was spontaneous and not so exceptional as to warrant a life sentence; an IPP with a minimum term of 7 years, less time spent in custody, is proportionate.

Parties
Prosecutor: Regina; Appellant: Martin Brown
Jurisdiction
England and Wales
Judgment Date
23 September 2011
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Attempted Murder, Sentencing, Dangerousness, Imprisonment for Public Protection
Criminal Law Attempted Murder Sentencing Dangerousness Imprisonment for Public Protection

Case Brief

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Parties

Regina

Prosecutor

Martin Brown

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant was dangerous within the meaning of 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 appellant's offence, though serious and causing long-term psychological harm, was spontaneous and not so exceptional as to warrant a life sentence; an IPP with a minimum term of 7 years, less time spent in custody, is proportionate.

Court Disposition

appeal allowed in part

Orders

  • Life imprisonment sentence quashed
  • Imprisonment for public protection substituted