Smith & Anor, R. v [2006] EWCA Crim 901 (05 April 2006)

Smith & Anor, R. v [2006] EWCA Crim 901 (05 April 2006)

Leyford Smith's criminal history and attitude indicate ongoing risk to the public, justifying a discretionary life sentence; Stephen Smith's lack of prior convictions and supporting role do not justify a life sentence, warranting a determinate sentence instead.

Citation
[2006] EWCA Crim 901
Parties
Appellant: Stephen Smith; Appellant: Leyford Smith; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
05 April 2006
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
Leyford Smith's appeal against sentence dismissed; Stephen Smith's appeal allowed.
Legal Topics
Attempted Murder, Sentencing, Discretionary Life Sentence, Risk Assessment
Criminal Law Attempted Murder Sentencing Discretionary Life Sentence Risk Assessment

Case Brief

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Parties

Stephen Smith

Appellant

Leyford Smith

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether discretionary life sentences were appropriate for attempted contract killing
  2. 2 Assessment of risk to public for indeterminate period
  3. 3 Appropriateness of determinate sentence for Stephen Smith

Ratio Decidendi

Leyford Smith's criminal history and attitude indicate ongoing risk to the public, justifying a discretionary life sentence; Stephen Smith's lack of prior convictions and supporting role do not justify a life sentence, warranting a determinate sentence instead.

Court Disposition

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

Orders

  • Leyford Smith's life sentence upheld with minimum term of eight years and six months.
  • Stephen Smith's life sentence quashed and replaced with a determinate sentence of fifteen years' imprisonment, with 310 days served to count towards sentence.