Smith, R v

Smith, R v

The sentences imposed on counts 3, 4, and 5 were unlawful as extended sentences because the statutory requirements were not met; the applicant was properly found to be dangerous; the total sentence of 12 years (eight years custody, four years extended licence) was not manifestly excessive; the sentence structure was corrected to lawfully reflect the judge's intention and the seriousness of the offences.

Parties
Respondent: Regina; Appellant: Paul Smith
Jurisdiction
England and Wales
Judgment Date
24 September 2015
Procedural Posture
Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Sentence
Outcome
Application for leave to appeal against sentence refused; sentences restructured to correct unlawfulness.
Legal Topics
Sentencing, Dangerousness, Extended Sentences, Unlawful Sentences, Appeals
Criminal Law Sentencing Dangerousness Extended Sentences Unlawful Sentences Appeals

Case Brief

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Parties

Regina

Respondent

Paul Smith

Appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether the extended sentences imposed were lawful under the Criminal Justice Act 2003
  2. 2 Whether the applicant was properly found to be dangerous
  3. 3 Whether the total sentence was manifestly excessive or wrong in principle

Ratio Decidendi

The sentences imposed on counts 3, 4, and 5 were unlawful as extended sentences because the statutory requirements were not met; the applicant was properly found to be dangerous; the total sentence of 12 years (eight years custody, four years extended licence) was not manifestly excessive; the sentence structure was corrected to lawfully reflect the judge's intention and the seriousness of the offences.

Court Disposition

Application for leave to appeal against sentence refused; sentences restructured to correct unlawfulness.

Orders

  • Extended sentences on counts 3, 4, and 5 quashed.
  • On count 2, a 12 year extended sentence substituted (eight years custody, four years extended licence).