English, R v

English, R v

Although the offences were grave and terrifying, they did not justify the imposition of life sentences; a sentence of imprisonment for public protection with a minimum term was appropriate given the circumstances, including the appellant's age, previous good character, and the absence of actual violence beyond threats and sexual acts.

Parties
Prosecutor: Regina; Appellant: Robert Malcolm English
Jurisdiction
England and Wales
Judgment Date
02 April 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Dangerousness, Life Imprisonment, Imprisonment for Public Protection, Sexual Offences
Criminal Law Sentencing Dangerousness Life Imprisonment Imprisonment for Public Protection Sexual Offences

Case Brief

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Parties

Regina

Prosecutor

Robert Malcolm English

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of life imprisonment was manifestly excessive and wrong in principle
  2. 2 Whether the determinate element of the sentence was manifestly excessive

Ratio Decidendi

Although the offences were grave and terrifying, they did not justify the imposition of life sentences; a sentence of imprisonment for public protection with a minimum term was appropriate given the circumstances, including the appellant's age, previous good character, and the absence of actual violence beyond threats and sexual acts.

Court Disposition

appeal allowed in part

Orders

  • Life sentence quashed and replaced with sentences of imprisonment for public protection with a minimum term of 5 years and 4 months, less 81 days already served.