Smith, R. v

The Court granted certification of the point of law as drafted by counsel but refused leave to appeal, leaving the matter for the Supreme Court.

Source-derived case information.

Parties: Respondent: Regina; Appellant: Nicholas Martin Smith
Jurisdiction: England and Wales
Judgment Date: 10 March 2010
Procedural Posture: Criminal Appeal / Application for Certificate of Point of Law
Outcome: Certificate granted on point of law; leave to appeal refused.
Legal Topics: Sentencing, Imprisonment for Public Protection, Life Sentence, Recall of Prisoners

Criminal Law Sentencing Imprisonment for Public Protection Life Sentence Recall of Prisoners

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Nicholas Martin Smith

Appellant

Procedural Posture

Criminal Appeal / Application for Certificate of Point of Law

Legal Issues

1 Whether it is appropriate to impose a sentence of imprisonment for public protection upon a defendant who has been recalled upon a life sentence

Ratio Decidendi

The Court granted certification of the point of law as drafted by counsel but refused leave to appeal, leaving the matter for the Supreme Court.

Court Disposition

Certificate granted on point of law; leave to appeal refused.

Orders

Certificate granted for Supreme Court on point of law as drafted by counsel
Leave to appeal refused

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