Smith, R v [2010] EWCA Crim 246 (27 January 2010)

Smith, R v [2010] EWCA Crim 246 (27 January 2010)

It was not wrong in principle to impose a sentence of imprisonment for public protection on an appellant already serving a life sentence, as the statutory discretion was properly exercised and the dangerousness criteria were satisfied. The minimum term of 6 years was not manifestly excessive given the aggravating features and the appellant's extensive criminal record.

Citation
[2010] EWCA Crim 246
Parties
Prosecution: Regina; Appellant: Nicholas Smith
Jurisdiction
England and Wales
Judgment Date
27 January 2010
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Robbery, Firearms Offences, Sentencing, Imprisonment for Public Protection, Dangerousness, Life Sentence
Criminal Law Robbery Firearms Offences Sentencing Imprisonment for Public Protection Dangerousness Life Sentence

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Parties

Regina

Prosecution

Nicholas Smith

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether it was wrong in principle to impose a sentence of imprisonment for public protection on an appellant already serving a life sentence
  2. 2 Whether the minimum term of 6 years was manifestly excessive

Ratio Decidendi

It was not wrong in principle to impose a sentence of imprisonment for public protection on an appellant already serving a life sentence, as the statutory discretion was properly exercised and the dangerousness criteria were satisfied. The minimum term of 6 years was not manifestly excessive given the aggravating features and the appellant's extensive criminal record.

Court Disposition

appeal dismissed

Orders

  • Appeal against sentence dismissed.