Delucca, R v (Rev 1)

Delucca, R v (Rev 1)

The court held that when imposing an IPP sentence, it is required to consider the totality of the offending before it, including associated offences, in setting the notional determinate sentence for the purpose of calculating the minimum term. This notional sentence may exceed the statutory maximum for the specified offence. The amendments in the CJIA 2008 did not alter this principle. Offences committed before the introduction of IPP sentences can be considered in the calculation, provided the IPP is imposed for a post-commencement offence. The appeals against the minimum terms were dismissed as the sentences were not excessive or wrong in principle.

Parties
Respondent: Regina; Appellant: Rahuel Delucca; Appellant: Graham Murray; Appellant: Christopher Stubbings; Interested Party: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
31 March 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal From Crown Court
Outcome
Appeals dismissed
Legal Topics
Imprisonment for Public Protection (ipp), Minimum Terms, Dangerous Offenders, Consecutive and Concurrent Sentences, Retrospective Penalties, Sentencing Guidelines
Criminal Law Sentencing Imprisonment for Public Protection (ipp) Minimum Terms Dangerous Offenders Consecutive and Concurrent Sentences Retrospective Penalties Sentencing Guidelines

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Parties

Regina

Respondent

Rahuel Delucca

Appellant

Graham Murray

Appellant

Christopher Stubbings

Appellant

Secretary of State for Justice

Interested Party

Procedural Posture

Criminal Appeal / Judgment on Appeal From Crown Court

Legal Issues

  1. 1 Whether the court can, when setting the minimum term for an IPP sentence, take into account other offences before the court, including non-specified offences
  2. 2 Whether the notional determinate sentence for the specified offence can exceed the statutory maximum for that offence when aggregating other offences
  3. 3 Whether offences committed before the introduction of IPP sentences can be considered in setting the minimum term for an IPP sentence imposed for a later offence

Ratio Decidendi

The court held that when imposing an IPP sentence, it is required to consider the totality of the offending before it, including associated offences, in setting the notional determinate sentence for the purpose of calculating the minimum term. This notional sentence may exceed the statutory maximum for the specified offence. The amendments in the CJIA 2008 did not alter this principle. Offences committed before the introduction of IPP sentences can be considered in the calculation, provided the IPP is imposed for a post-commencement offence. The appeals against the minimum terms were dismissed as the sentences were not excessive or wrong in principle.

Court Disposition

Appeals dismissed

Orders

  • The minimum terms imposed are upheld for all appellants.
  • No reduction in sentence for Stubbings; minimum term of 12.5 years confirmed.