Saunders & Ors v R

Saunders & Ors v R

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 significant risk to the public and the offences are of utmost gravity. IPP may be substituted where public protection is adequately achieved and the offences do not warrant a denunciatory life sentence.

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 by Saunders and G dismissed; appeal by Edwards allowed to extent of substituting IPP for life sentence.
Legal Topics
Sentencing, Dangerous Offenders, Life Imprisonment, Imprisonment for Public Protection, Extended Sentence, Sexual Offences, Robbery
Criminal Law Sentencing Dangerous Offenders Life Imprisonment Imprisonment for Public Protection Extended Sentence Sexual Offences Robbery

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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 Correct approach to non-mandatory life sentences post-LASPO
  2. 2 Application of sentencing regime for dangerous offenders
  3. 3 Justification for discretionary life sentences

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 significant risk to the public and the offences are of utmost gravity. IPP may be substituted where public protection is adequately achieved and the offences do not warrant a denunciatory life sentence.

Court Disposition

Appeals by Saunders and G dismissed; appeal by Edwards allowed to 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