Stannard & Ors, R v [2008] EWCA Crim 2789 (26 November 2008)

Stannard & Ors, R v [2008] EWCA Crim 2789 (26 November 2008)

The mandatory nature of imprisonment for public protection under section 225 of the Criminal Justice Act 2003 applies to qualifying post-4 April 2005 offences, irrespective of the relative seriousness of earlier offences. The practice of not applying the new regime because earlier offences were more serious is unsound and contrary to statute. Where the court lacks jurisdiction due to uncertainty about the date of the qualifying offence, an order for imprisonment for public protection must be quashed.

Citation
[2008] EWCA Crim 2789
Parties
Prosecution: R; Appellant: Stannard; Appellant: Andrew; Appellant: Clarkson
Jurisdiction
England and Wales
Judgment Date
26 November 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeals allowed in part; sentences varied or quashed as appropriate.
Legal Topics
Imprisonment for Public Protection, Dangerous Offenders, Retrospective Application of Sentencing Regimes, Sexual Offences, Assessment of Dangerousness
Criminal Law Sentencing Imprisonment for Public Protection Dangerous Offenders Retrospective Application of Sentencing Regimes Sexual Offences Assessment of Dangerousness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 18 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

R

Prosecution

Stannard

Appellant

Andrew

Appellant

Clarkson

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of imprisonment for public protection under section 225 of the Criminal Justice Act 2003 applies where post-4 April 2005 offences are less serious than pre-4 April 2005 offences
  2. 2 Whether the courts erred in not imposing imprisonment for public protection where statutorily required
  3. 3 Whether the court had jurisdiction to impose imprisonment for public protection where the date of the offence was uncertain

Ratio Decidendi

The mandatory nature of imprisonment for public protection under section 225 of the Criminal Justice Act 2003 applies to qualifying post-4 April 2005 offences, irrespective of the relative seriousness of earlier offences. The practice of not applying the new regime because earlier offences were more serious is unsound and contrary to statute. Where the court lacks jurisdiction due to uncertainty about the date of the qualifying offence, an order for imprisonment for public protection must be quashed.

Court Disposition

Appeals allowed in part; sentences varied or quashed as appropriate.

Orders

  • Stannard: No increase or alteration to sentence; error in principle but to appellant's advantage.
  • Andrew: Sentence upheld; no interference despite severity.