Nasuna, R v [2009] EWCA Crim 880 (3 April 2009)

Nasuna, R v [2009] EWCA Crim 880 (3 April 2009)

The psychiatric report provided sufficient basis for concern and an extended period, but the 4-year extension was excessive; a 2-year extension was appropriate given the evidence and circumstances.

Citation
[2009] EWCA Crim 880
Parties
Prosecution: Regina; Applicant: Simon Jpeter Nasuna
Jurisdiction
England and Wales
Judgment Date
03 April 2009
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Application for Extension of Time and Leave to Appeal Against Sentence
Outcome
Appeal allowed in part
Legal Topics
Sentencing, Extended Sentences, Sexual Offences, Appeal Procedure
Criminal Law Sentencing Extended Sentences Sexual Offences Appeal Procedure

Case Brief

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Parties

Regina

Prosecution

Simon Jpeter Nasuna

Applicant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Application for Extension of Time and Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the 4-year extended period of licence imposed for attempted rape was excessive and justified
  2. 2 Whether sufficient reasons were given for the length of the extension period
  3. 3 Whether the delay in applying for leave to appeal should be excused

Ratio Decidendi

The psychiatric report provided sufficient basis for concern and an extended period, but the 4-year extension was excessive; a 2-year extension was appropriate given the evidence and circumstances.

Court Disposition

Appeal allowed in part

Orders

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