Smith & Anor, R. v

Smith & Anor, R. v

Leyford Smith's criminal history, attitude, and risk assessment indicated he remained a serious danger to the public for an indeterminate time, justifying a discretionary life sentence. Stephen Smith, with no prior convictions and a lesser role, did not meet this threshold; a determinate sentence was appropriate.

Parties
Prosecutor: Regina; Appellant: Stephen Smith; Appellant: Leyford Smith
Jurisdiction
England and Wales
Judgment Date
05 April 2006
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leyford Smith's appeal against sentence dismissed; Stephen Smith's appeal allowed.
Legal Topics
Attempted Murder, Sentencing, Discretionary Life Sentences, Assessment of Risk, Contract Killing
Criminal Law Attempted Murder Sentencing Discretionary Life Sentences Assessment of Risk Contract Killing

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 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Regina

Prosecutor

Stephen Smith

Appellant

Leyford Smith

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the imposition of discretionary life sentences was appropriate for each appellant convicted of attempted contract killing
  2. 2 Whether the facts and risk assessment justified indeterminate sentences

Ratio Decidendi

Leyford Smith's criminal history, attitude, and risk assessment indicated he remained a serious danger to the public for an indeterminate time, justifying a discretionary life sentence. Stephen Smith, with no prior convictions and a lesser role, did not meet this threshold; a determinate sentence was appropriate.

Court Disposition

Leyford Smith's appeal against sentence dismissed; Stephen Smith's appeal allowed.

Orders

  • Leyford Smith: Sentence of life imprisonment upheld.
  • Stephen Smith: Life sentence quashed and replaced with 15 years' imprisonment, with 310 days served to count towards sentence.