C & Ors, R v

C & Ors, R v

The court clarified the interpretation and application of amended sentencing provisions for dangerous offenders, holding that imprisonment for public protection is discretionary and subject to statutory preconditions; assessment of dangerousness is a matter of judicial judgment, and sentences must reflect overall...

Source-derived case information.

Parties
Applicant: R; Respondent: C; Respondent: CO; Respondent: P; Respondent: D; Respondent: W; Respondent: Rickman; Respondent: Andrews; Respondent: Forbes; Respondent: Douglas
Jurisdiction
England and Wales
Judgment Date
26 November 2008
Procedural Posture
Criminal Appeal / Judgment
Outcome
Mixed: Some appeals allowed, others dismissed; sentences varied in several cases.
Legal Topics
Dangerous Offenders, Imprisonment for Public Protection, Extended Sentence, Sexual Offences, Violent Offences, Driving Offences, Child Pornography, Arson
Criminal Law Sentencing Dangerous Offenders Imprisonment for Public Protection Extended Sentence Sexual Offences Violent Offences Driving Offences +2 more

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Summary, issues, holding and outcome

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Parties

R

Applicant

C

Respondent

CO

Respondent

P

Respondent

D

Respondent

W

Respondent

Rickman

Respondent

Andrews

Respondent

Forbes

Respondent

Douglas

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Interpretation and application of amended sentencing provisions for dangerous offenders under Criminal Justice Act 2003 and Criminal Justice and Immigration Act 2008
  2. 2 Appropriate use of imprisonment for public protection and extended sentences
  3. 3 Assessment of dangerousness and risk to public

Ratio Decidendi

The court clarified the interpretation and application of amended sentencing provisions for dangerous offenders, holding that imprisonment for public protection is discretionary and subject to statutory preconditions; assessment of dangerousness is a matter of judicial judgment, and sentences must reflect overall criminality and risk to the public. Where public protection can be achieved by extended sentences or ancillary orders, imprisonment for public protection should not be imposed.

Court Disposition

Mixed: Some appeals allowed, others dismissed; sentences varied in several cases.

Orders

  • Imprisonment for public protection imposed in cases where statutory conditions and risk established.
  • Extended sentences imposed where appropriate.