Purcell v R [2008] EWCA Crim 894 (29 April 2008)

Purcell v R [2008] EWCA Crim 894 (29 April 2008)

Given the gravity of the offences, the vulnerability of the victims, the appellant's criminal record, and the aggravating features, the sentence imposed was not manifestly excessive and was justified under the Sentencing Guidelines and relevant case law.

Citation
[2008] EWCA Crim 894
Parties
Appellant: Patrick Anthony Purcell; Respondent: R
Jurisdiction
England and Wales
Judgment Date
29 April 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Sentencing, Robbery, Sexual Assault, Imprisonment for Public Protection, Dangerous Offenders
Criminal Law Sentencing Robbery Sexual Assault Imprisonment for Public Protection Dangerous Offenders

Case Brief

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Parties

Patrick Anthony Purcell

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of imprisonment for public protection with a minimum term of 5½ years for robbery and sexual assault was manifestly excessive
  2. 2 Whether the sentencing judge correctly applied the Sentencing Guidelines and relevant case law

Ratio Decidendi

Given the gravity of the offences, the vulnerability of the victims, the appellant's criminal record, and the aggravating features, the sentence imposed was not manifestly excessive and was justified under the Sentencing Guidelines and relevant case law.

Court Disposition

Appeal dismissed

Orders

  • Minimum period of 5½ years upheld
  • 6 month concurrent minimum term imposed for the sexual offence