Harwood, R. [2021] Ewca Crim 664 (28 April 2021)

Harwood, R. [2021] Ewca Crim 664 (28 April 2021)

The judge was entitled to find the applicant dangerous and to impose an extended sentence at the top of level 3 under the sentencing guideline, given the seriousness and long-term harm to the victim, the aggravating features, and the risk of future harm. The sentence was not excessive or wrong in principle, and...

Source-derived case information.

Citation
[2021] Ewca Crim 664
Parties
Prosecution: Regina; Applicant: Peter Harwood
Jurisdiction
England and Wales
Judgment Date
28 April 2021
Procedural Posture
Criminal Appeal / Application for Extension of Time to Appeal Against Sentence
Outcome
application refused
Legal Topics
Attempted Murder, Sentencing, Dangerousness, Extended Sentence, Aggravating and Mitigating Factors
Criminal Law Attempted Murder Sentencing Dangerousness Extended Sentence Aggravating and Mitigating Factors

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Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Peter Harwood

Applicant

Procedural Posture

Criminal Appeal / Application for Extension of Time to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was excessive or wrong in principle
  2. 2 Whether the judge erred in finding the applicant dangerous and imposing an extended sentence
  3. 3 Whether the judge correctly applied the sentencing guidelines for attempted murder

Ratio Decidendi

The judge was entitled to find the applicant dangerous and to impose an extended sentence at the top of level 3 under the sentencing guideline, given the seriousness and long-term harm to the victim, the aggravating features, and the risk of future harm. The sentence was not excessive or wrong in principle, and there were no good reasons for the delay in appeal.

Court Disposition

application refused

Orders

  • Extension of time to appeal against sentence refused
  • Leave to appeal against sentence refused