Saunders & Ors v R [2013] EWCA Crim 1027 (28 June 2013)

Saunders & Ors v R [2013] EWCA Crim 1027 (28 June 2013)

For offenders convicted before 3 December 2012, the sentencing regime in force at the date of conviction applies. Discretionary life sentences are justified where the offender poses a high risk of serious harm and the offences are of the utmost gravity. In Saunders and G, the facts and risk justified life sentences....

Source-derived case information.

Citation
[2013] EWCA Crim 1027
Parties
Appellant: Red Saunders; Appellant: G; Appellant: Ian Peter Edwards; Respondent: R
Jurisdiction
England and Wales
Judgment Date
28 June 2013
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeals of Saunders and G dismissed; appeal of Edwards allowed to the extent of substituting IPP for life sentence.
Legal Topics
Life Imprisonment, Dangerous Offenders, Sexual Offences, Robbery, Imprisonment for Public Protection (ipp), Extended Sentences, Sentencing Guidelines
Criminal Law Sentencing Life Imprisonment Dangerous Offenders Sexual Offences Robbery Imprisonment for Public Protection (ipp) Extended Sentences +1 more

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Summary, issues, holding and outcome

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Parties

Red Saunders

Appellant

G

Appellant

Ian Peter Edwards

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the imposition of discretionary life sentences was correct under the pre-LASPO regime for dangerous offenders
  2. 2 Whether the minimum terms imposed were manifestly excessive
  3. 3 Whether the sentencing court could anticipate new sentencing provisions before they came into force

Ratio Decidendi

For offenders convicted before 3 December 2012, the sentencing regime in force at the date of conviction applies. Discretionary life sentences are justified where the offender poses a high risk of serious harm and the offences are of the utmost gravity. In Saunders and G, the facts and risk justified life sentences. In Edwards, an IPP was sufficient for public protection and a discretionary life sentence was not warranted.

Court Disposition

Appeals of Saunders and G dismissed; appeal of Edwards allowed to the extent of substituting IPP for life sentence.

Orders

  • Saunders: life imprisonment with minimum term of 8 years upheld
  • G: life imprisonment with minimum term of 76 months upheld