Campbell, R. v [2018] EWCA Crim 175 (24 January 2018)

Campbell, R. v [2018] EWCA Crim 175 (24 January 2018)

The applicant's violent, frenzied attack with a knife, causing near fatal injuries, demonstrated a propensity for extreme violence and justified the finding of dangerousness and the imposition of an extended sentence. The judge's assessment was based on trial evidence, not erroneous pre-sentence report elements.

Citation
[2018] EWCA Crim 175
Parties
Prosecution: Regina; Applicant: Richard Campbell
Jurisdiction
England and Wales
Judgment Date
24 January 2018
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome
renewed application for leave to appeal against sentence refused
Legal Topics
Wounding With Intent, Dangerousness, Extended Sentence, Self Defence, Sentencing Guidelines
Criminal Law Wounding With Intent Dangerousness Extended Sentence Self Defence Sentencing Guidelines

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Parties

Regina

Prosecution

Richard Campbell

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the applicant was correctly found to be a dangerous offender justifying an extended sentence
  2. 2 Whether the judge erred in rejecting self-defence and finding retaliation
  3. 3 Whether erroneous pre-sentence report findings tainted the judge's assessment

Ratio Decidendi

The applicant's violent, frenzied attack with a knife, causing near fatal injuries, demonstrated a propensity for extreme violence and justified the finding of dangerousness and the imposition of an extended sentence. The judge's assessment was based on trial evidence, not erroneous pre-sentence report elements.

Court Disposition

renewed application for leave to appeal against sentence refused

Orders

  • Application refused