Smith, R v

Smith, R v

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

Parties
Prosecutor: Regina; Appellant: Nicholas Smith
Jurisdiction
England and Wales
Judgment Date
27 January 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Imprisonment for Public Protection, Dangerousness, Robbery, Firearms Offences
Criminal Law Sentencing Imprisonment for Public Protection Dangerousness Robbery Firearms Offences

Case Brief

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Parties

Regina

Prosecutor

Nicholas Smith

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of imprisonment for public protection was wrong in principle given the appellant was 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 for the judge to impose a sentence of imprisonment for public protection alongside an existing life sentence, as statutory discretion was properly exercised and the appellant satisfied the dangerousness criteria. The minimum term of 6 years was not manifestly excessive given the aggravating features and appellant's criminal history.

Court Disposition

appeal dismissed

Orders

  • sentence of imprisonment for public protection with minimum term of 6 years upheld