Challenger, R v [2007] EWCA Crim 2445 (3 October 2007)

Challenger, R v [2007] EWCA Crim 2445 (3 October 2007)

The minimum term of five years was excessive in light of existing sentencing authorities and the appellant's circumstances. The appropriate minimum term is four years, reflecting the seriousness of the offence but also the guidance from previous case law.

Source-derived case information.

Citation
[2007] EWCA Crim 2445
Parties
Prosecution: Regina; Appellant: Michael Darren Challenger
Jurisdiction
England and Wales
Judgment Date
03 October 2007
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Wounding With Intent, Imprisonment for Public Protection, Minimum Term, Dangerousness, Use of Knife, Youth Offenders
Criminal Law Sentencing Wounding With Intent Imprisonment for Public Protection Minimum Term Dangerousness Use of Knife Youth Offenders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Michael Darren Challenger

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of detention for public protection with a minimum term of five years was excessive for a 17-year-old convicted of wounding with intent under section 18 of the Offences Against the Person Act 1861
  2. 2 Whether the finding of dangerousness and imposition of imprisonment for public protection was justified

Ratio Decidendi

The minimum term of five years was excessive in light of existing sentencing authorities and the appellant's circumstances. The appropriate minimum term is four years, reflecting the seriousness of the offence but also the guidance from previous case law.

Court Disposition

appeal allowed in part

Orders

  • Minimum term for detention for public protection reduced from five years to four years.