C & Ors, R v [2008] EWCA Crim 2790 (26 November 2008)

C & Ors, R v [2008] EWCA Crim 2790 (26 November 2008)

The Court clarified the interpretation and application of the amended sentencing regime for dangerous offenders under the Criminal Justice Act 2003 as amended by the Criminal Justice and Immigration Act 2008, holding that IPP and extended sentences are discretionary, subject to statutory pre-conditions, and that the assessment of dangerousness is a matter of judicial judgment without statutory presumption. The Court emphasized that the totality of offending may be considered for notional minimum terms, and that the most appropriate sentencing package for public protection must be chosen based on the facts of each case. In the specific cases reviewed, the Court corrected sentences where...

Citation
[2008] EWCA Crim 2790
Parties
Appellant: R; Respondent: C (1); Respondent: CO (2); Respondent: P (3); Respondent: D (4); Respondent: W (5); Respondent: Rickman (6); Respondent: Andrews (7); Respondent: Forbes (8); Respondent: Douglas (9)
Jurisdiction
England and Wales
Judgment Date
26 November 2008
Procedural Posture
Criminal Appeal/reference / Court of Appeal Judgment on Attorney General's Reference and Appeals Against Sentence
Outcome
Attorney General's Reference allowed in part; some appeals dismissed, some sentences varied.
Legal Topics
Imprisonment for Public Protection (ipp), Extended Sentences, Dangerous Offenders, Sexual Offences, Transitional Provisions, Sentencing Guidelines
Criminal Law Sentencing Imprisonment for Public Protection (ipp) Extended Sentences Dangerous Offenders Sexual Offences Transitional Provisions Sentencing Guidelines

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Parties

R

Appellant

C (1)

Respondent

CO (2)

Respondent

P (3)

Respondent

D (4)

Respondent

W (5)

Respondent

Rickman (6)

Respondent

Andrews (7)

Respondent

Forbes (8)

Respondent

Douglas (9)

Respondent

Procedural Posture

Criminal Appeal/reference / Court of Appeal Judgment on Attorney General's Reference and Appeals Against Sentence

Legal Issues

  1. 1 Interpretation and application of amended provisions for imprisonment for public protection and extended sentences under the Criminal Justice Act 2003 as amended by the Criminal Justice and Immigration Act 2008
  2. 2 Appropriate sentencing for serious sexual offences, including historic offences and offences involving children
  3. 3 Application of transitional provisions to offences committed before and after legislative amendments

Ratio Decidendi

The Court clarified the interpretation and application of the amended sentencing regime for dangerous offenders under the Criminal Justice Act 2003 as amended by the Criminal Justice and Immigration Act 2008, holding that IPP and extended sentences are discretionary, subject to statutory pre-conditions, and that the assessment of dangerousness is a matter of judicial judgment without statutory presumption. The Court emphasized that the totality of offending may be considered for notional minimum terms, and that the most appropriate sentencing package for public protection must be chosen based on the facts of each case. In the specific cases reviewed, the Court corrected sentences where...

Court Disposition

Attorney General's Reference allowed in part; some appeals dismissed, some sentences varied.

Orders

  • In C (1), sentence of imprisonment for public protection imposed with minimum term of 6 years; concurrent determinate sentences for pre-2005 offences; sexual offences prevention order made.
  • In CO (2), application for leave to appeal against sentence refused; sentence upheld.