Reynolds & Ors, R. v [2007] EWCA Crim 538 (08 March 2007)

Reynolds & Ors, R. v [2007] EWCA Crim 538 (08 March 2007)

Section 11(3) of the Criminal Appeal Act 1968 precludes the Court of Appeal from increasing sentences on appeal, even where the sentencing judge failed to impose a mandatory indeterminate sentence required by Chapter 5 of the Criminal Justice Act 2003; errors can be corrected only within statutory limits or by...

Source-derived case information.

Citation
[2007] EWCA Crim 538
Parties
Prosecution: R; Applicant: Michael Edwin Reynolds; Applicant: Abdul Musisi Lubwama; Applicant: John Paul Webb; Applicant: James Honore; Applicant: Edward Slaney; Applicant: Craig Mark Downing; Applicant: 'S'; Applicant: Amelio Thompson
Jurisdiction
England and Wales
Judgment Date
08 March 2007
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeals allowed in part; sentences amended or quashed where unlawful extension periods imposed; mandatory sentences not substituted where appellate court lacked power to increase severity.
Legal Topics
Sentencing, Dangerous Offenders, Extended Sentences, Indeterminate Sentences, Criminal Justice Act 2003, Criminal Appeal Act 1968, Sexual Offences Act 2003
Criminal Law Sentencing Dangerous Offenders Extended Sentences Indeterminate Sentences Criminal Justice Act 2003 Criminal Appeal Act 1968 Sexual Offences Act 2003

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Parties

R

Prosecution

Michael Edwin Reynolds

Applicant

Abdul Musisi Lubwama

Applicant

John Paul Webb

Applicant

James Honore

Applicant

Edward Slaney

Applicant

Craig Mark Downing

Applicant

'S'

Applicant

Amelio Thompson

Applicant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Application of mandatory sentencing provisions for dangerous offenders under Chapter 5 Part 12 Criminal Justice Act 2003
  2. 2 Effect of section 11(3) Criminal Appeal Act 1968 on appellate powers to increase sentences
  3. 3 Correcting sentencing errors under section 155 Powers of Criminal Courts (Sentencing) Act 2000

Ratio Decidendi

Section 11(3) of the Criminal Appeal Act 1968 precludes the Court of Appeal from increasing sentences on appeal, even where the sentencing judge failed to impose a mandatory indeterminate sentence required by Chapter 5 of the Criminal Justice Act 2003; errors can be corrected only within statutory limits or by reducing sentences, not by increasing them.

Court Disposition

Appeals allowed in part; sentences amended or quashed where unlawful extension periods imposed; mandatory sentences not substituted where appellate court lacked power to increase severity.

Orders

  • Sexual Offences Prevention Order amended in Reynolds; extended sentences imposed for specified offences.
  • Extended sentence quashed and determinate sentence substituted in Lubwama.