Smith, R. v [2010] EWCA Crim 530 (10 March 2010)
The Court of Appeal granted certification of the drafted question for the Supreme Court but refused leave to appeal, leaving the substantive issue for Supreme Court determination.
Source-derived case information.
- Citation
- [2010] EWCA Crim 530
- Parties
- Prosecution: Regina; Appellant: Nicholas Martin Smith
- Jurisdiction
- England and Wales
- Judgment Date
- 10 March 2010
- Procedural Posture
- Criminal Appeal / Post Sentence Appeal; Application for Certificate of Public Importance
- Outcome
- Certificate granted for point of general public importance; leave to appeal refused.
- Legal Topics
- Sentencing, Imprisonment for Public Protection, Recall on Life Sentence
Source-derived case record
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Nicholas Martin Smith
Appellant
Procedural Posture
Criminal Appeal / Post Sentence Appeal; Application for Certificate of Public Importance
Legal Issues
- 1 Appropriateness of imposing imprisonment for public protection on a defendant recalled on a life sentence
Ratio Decidendi
The Court of Appeal granted certification of the drafted question for the Supreme Court but refused leave to appeal, leaving the substantive issue for Supreme Court determination.
Court Disposition
Certificate granted for point of general public importance; leave to appeal refused.
Orders
- Certificate granted for Supreme Court consideration of the question: 'Is it appropriate to impose a sentence of imprisonment for public protection upon a defendant who has been recalled upon a life sentence?'
- Leave to appeal refused
Full Case Text
Judgment text and source record
1 paragraphs
Neutral Citation Number: [2010] EWCA Crim 530 No: 200806065/A8 IN THE COURT OF APPEAL CRIMINAL DIVISION Royal Courts of Justice Strand London, WC2A 2LL Wednesday, 10th March 2010 B e f o r e : LORD JUSTICE MAURICE KAY ____________________ R E G I N A v NICHOLAS MARTIN SMITH ____________________ WordWave International Limited A Merrill Communications Company 165 Fleet Street London EC4A 2DY Tel No: 020 7404 1400 Fax No: 020 7831 8838 (Official Shorthand Writers to the Court) ____________________ HTML VERSION OF JUDGMENT ____________________ Crown Copyright © LORD JUSTICE MAURICE KAY: On 27th January, [2010] EWCA Crim 246 , when I was sitting with Sharp J and Sir Christopher Holland, we dismissed this appellant's appeal against sentence. We have received an application to certify a point of general public importance for the Supreme Court, the question being: "Is it appropriate to impose a sentence of imprisonment for public protection upon a defendant who has been recalled upon a life sentence?" We have decided to grant the certificate on the point as drafted by counsel but to refuse leave to appeal. That will be a matter for the Supreme Court. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII