Hogg, R. v

Hogg, R. v

The sentencing judge erred by not specifying a minimum term, as the offences, while grave, did not meet the threshold of rare and exceptional cases justifying a whole life sentence without a minimum term. The appropriate notional determinate sentence is 20 years, resulting in a minimum term of 10 years, with credit for time served on remand.

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

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Parties

Regina

Prosecution

Brian Maurice Hogg

Applicant/appellant

Procedural Posture

Criminal Appeal / Judgment on Application for Extension of Time and Leave to 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 committed fell within the rare and exceptional category justifying a whole life sentence without a minimum term

Ratio Decidendi

The sentencing judge erred by not specifying a minimum term, as the offences, while grave, did not meet the threshold of rare and exceptional cases justifying a whole life sentence without a minimum term. The appropriate notional determinate sentence is 20 years, resulting in a minimum term of 10 years, with credit for time served on remand.

Court Disposition

appeal allowed in part

Orders

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