Gore, R v

Gore, R v

The sentence of imprisonment for public protection (IPP) was lawfully imposed because, at the sentencing hearing, leading counsel for the appellant unequivocally admitted on instructions that the previous robbery was a joint enterprise involving a firearm, satisfying the requirements of section 225(3A) and Schedule 15A of the Criminal Justice Act 2003.

Parties
Respondent: R; Appellant: Stephen Gore
Jurisdiction
England and Wales
Judgment Date
01 March 2010
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Sentencing, Imprisonment for Public Protection (ipp), Manslaughter, Robbery, Joint Enterprise, Possession of Firearm, Interpretation of Statutes
Criminal Law Sentencing Imprisonment for Public Protection (ipp) Manslaughter Robbery Joint Enterprise Possession of Firearm Interpretation of Statutes

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 3 Authorities cited 19 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

R

Respondent

Stephen Gore

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the appellant's previous conviction for robbery qualified as a 'serious offence' under Schedule 15A of the Criminal Justice Act 2003, enabling the imposition of an IPP sentence for the current manslaughter conviction.
  2. 2 Whether the sentencing judge was entitled to rely on counsel's admission regarding the use of a firearm in the previous robbery.
  3. 3 Whether the requirements of section 225(3A) of the Criminal Justice Act 2003 were met.

Ratio Decidendi

The sentence of imprisonment for public protection (IPP) was lawfully imposed because, at the sentencing hearing, leading counsel for the appellant unequivocally admitted on instructions that the previous robbery was a joint enterprise involving a firearm, satisfying the requirements of section 225(3A) and Schedule 15A of the Criminal Justice Act 2003.

Court Disposition

Appeal dismissed

Orders

  • The sentence of imprisonment for public protection (IPP) is upheld.