Forrester, R. v

Forrester, R. v

The minimum term of five years was excessive on the facts; a minimum term of three and a half years was appropriate. The sentence of imprisonment for public protection was justified due to the significant risk posed by the applicant. Cross-examination of the pre-sentence report author was unnecessary, and the decision not to recommend deportation was not inconsistent with the risk assessment.

Parties
Prosecution: Regina; Applicant/appellant: Levaun Forrester
Jurisdiction
England and Wales
Judgment Date
30 August 2006
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Firearms Offences, Imprisonment for Public Protection, Deportation Recommendation
Criminal Law Sentencing Firearms Offences Imprisonment for Public Protection Deportation Recommendation

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Parties

Regina

Prosecution

Levaun Forrester

Applicant/appellant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of imprisonment for public protection with a minimum term of five years was appropriate
  2. 2 Whether the minimum term imposed was excessive
  3. 3 Whether the judge erred in refusing to allow cross-examination of the pre-sentence report author

Ratio Decidendi

The minimum term of five years was excessive on the facts; a minimum term of three and a half years was appropriate. The sentence of imprisonment for public protection was justified due to the significant risk posed by the applicant. Cross-examination of the pre-sentence report author was unnecessary, and the decision not to recommend deportation was not inconsistent with the risk assessment.

Court Disposition

appeal allowed in part

Orders

  • Leave to appeal granted limited to the issue of the minimum term.
  • Minimum term under sentences of imprisonment for public protection reduced to three and a half years, less 163 days served in custody.