Hogg, R. v [2007] EWCA Crim 1357 (02 May 2007)

Hogg, R. v [2007] EWCA Crim 1357 (02 May 2007)

The judge erred in not specifying a minimum term, as the offences, though grave, did not fall within the rare and exceptional category justifying a whole life sentence without minimum term; a minimum term of 10 years should be imposed, with credit for time served.

Citation
[2007] EWCA Crim 1357
Parties
Prosecution: Regina; Applicant/appellant: Brian Maurice Hogg
Jurisdiction
England and Wales
Judgment Date
02 May 2007
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Sentence; Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Life Imprisonment, Minimum Term, Sexual Offences Against Children, Appeals Procedure
Criminal Law Sentencing Life Imprisonment Minimum Term Sexual Offences Against Children Appeals Procedure

Case Brief

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Parties

Regina

Prosecution

Brian Maurice Hogg

Applicant/appellant

Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Sentence; Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in failing to specify a minimum term for a life sentence under section 82A of the Powers of Criminal Courts (Sentencing) Act 2000
  2. 2 Whether the offences fell within the rare and exceptional category justifying a whole life sentence without minimum term
  3. 3 Whether the delay in appealing should preclude the appeal

Ratio Decidendi

The judge erred in not specifying a minimum term, as the offences, though grave, did not fall within the rare and exceptional category justifying a whole life sentence without minimum term; a minimum term of 10 years should be imposed, with credit for time served.

Court Disposition

appeal allowed in part

Orders

  • Extension of time to appeal granted
  • Leave to appeal against sentence granted