Purcell v R

Purcell v R

The sentence imposed was not manifestly excessive given the seriousness of the offences, the appellant's criminal record, the impact on the elderly victim, and the aggravating features. The judge was entitled to select a starting point within the Sentencing Guidelines Council's bracket, and the imposition of imprisonment for public protection was justified.

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
Sexual Assault, Robbery, Sentencing, Dangerous Offenders, Imprisonment for Public Protection
Criminal Law Sexual Assault Robbery Sentencing Dangerous Offenders Imprisonment for Public Protection

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 and the minimum term imposed were manifestly excessive
  2. 2 Appropriate sentencing range for violent robbery in the home involving elderly victims

Ratio Decidendi

The sentence imposed was not manifestly excessive given the seriousness of the offences, the appellant's criminal record, the impact on the elderly victim, and the aggravating features. The judge was entitled to select a starting point within the Sentencing Guidelines Council's bracket, and the imposition of imprisonment for public protection was justified.

Court Disposition

appeal dismissed

Orders

  • Minimum period of 5.5 years less 201 days remand upheld
  • 6 month concurrent minimum term imposed for the sexual offence