Shaw, R. v

Shaw, R. v

The sentences were not unlawful, wrong in principle, or manifestly excessive. Compassionate release is a matter for the Secretary of State, not the court, unless the sentence itself is open to challenge.

Parties
Prosecutor: Regina; Applicant: Peter Shaw
Jurisdiction
England and Wales
Judgment Date
19 April 2010
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence and Extension of Time
Outcome
application refused
Legal Topics
Appeal Against Sentence, Compassionate Release, Judicial Review, Sentencing Principles
Criminal Law Appeal Against Sentence Compassionate Release Judicial Review Sentencing Principles

Case Brief

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Parties

Regina

Prosecutor

Peter Shaw

Applicant

Procedural Posture

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

Legal Issues

  1. 1 Whether the sentence imposed was wrong in law or manifestly excessive
  2. 2 Whether the court should reduce the sentence on compassionate grounds due to the applicant's medical condition
  3. 3 Whether the appropriate authority for compassionate release is the court or the Secretary of State

Ratio Decidendi

The sentences were not unlawful, wrong in principle, or manifestly excessive. Compassionate release is a matter for the Secretary of State, not the court, unless the sentence itself is open to challenge.

Court Disposition

application refused

Orders

  • Leave to appeal against sentence refused
  • Extension of time for applying for leave refused