Howe, R. v

Howe, R. v

The judge was entitled to conclude the applicant was dangerous and the sentence imposed was within the appropriate range; only the sentence of imprisonment for public protection on offence No 30 was quashed due to technical jurisdictional issues.

Parties
Prosecutor: Regina; Applicant: Paul Alfred Howe
Jurisdiction
England and Wales
Judgment Date
14 November 2006
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence
Outcome
application for leave to appeal refused except for offence No 30
Legal Topics
Sentencing, Dangerousness, Imprisonment for Public Protection, Indecent Images of Children
Criminal Law Sentencing Dangerousness Imprisonment for Public Protection Indecent Images of Children

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Parties

Regina

Prosecutor

Paul Alfred Howe

Applicant

Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the applicant presented a significant risk to the public justifying imprisonment for public protection
  2. 2 Whether the sentence imposed was manifestly excessive
  3. 3 Whether the sentence for offence No 30 was lawful given the relevant statutory provisions

Ratio Decidendi

The judge was entitled to conclude the applicant was dangerous and the sentence imposed was within the appropriate range; only the sentence of imprisonment for public protection on offence No 30 was quashed due to technical jurisdictional issues.

Court Disposition

application for leave to appeal refused except for offence No 30

Orders

  • sentence of imprisonment for public protection on offence No 30 quashed
  • determinate sentence for offence No 30 left in place