Campbell, R. v

Campbell, R. v

The judge was entitled to find the applicant dangerous based on the violent and frenzied nature of the attack, independent of errors in the pre-sentence report, and to impose an extended sentence. The attack was not self-defence but retaliation, and the circumstances justified the finding of dangerousness.

Parties
Prosecutor: 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
application 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

Case Brief

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Parties

Regina

Prosecutor

Richard Campbell

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the finding of dangerousness and imposition of an extended sentence was justified
  2. 2 Whether the judge erred in rejecting self-defence and finding the attack was retaliation
  3. 3 Whether reliance on erroneous pre-sentence report information tainted the sentencing decision

Ratio Decidendi

The judge was entitled to find the applicant dangerous based on the violent and frenzied nature of the attack, independent of errors in the pre-sentence report, and to impose an extended sentence. The attack was not self-defence but retaliation, and the circumstances justified the finding of dangerousness.

Court Disposition

application refused

Orders

  • renewed application for leave to appeal against sentence refused