REGINA v TERENCE ANTHONY DYER

REGINA v TERENCE ANTHONY DYER

The sentencing judge had no power to vary the sentence after the statutory period expired. The judge was entitled to rely on the probation officer's assessment of dangerousness. The sentence is adjusted to a total of 19 years for attempted rape (14 years' custody plus 5 years' extension), with no separate penalties for the other offences, to comply with statutory requirements.

Parties
Prosecutor: Regina; Appellant: Terence Anthony Dyer
Jurisdiction
England and Wales
Judgment Date
30 October 2014
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
sentence varied
Legal Topics
Sexual Offences, Sentencing, Extended Sentences, Dangerousness Assessment
Criminal Law Sexual Offences Sentencing Extended Sentences Dangerousness Assessment

Case Brief

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Parties

Regina

Prosecutor

Terence Anthony Dyer

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge lawfully imposed an extended sentence under the relevant statutory provisions
  2. 2 Whether the assessment of dangerousness was properly conducted and relied upon
  3. 3 Whether the judge had jurisdiction to vary the sentence after the statutory period expired

Ratio Decidendi

The sentencing judge had no power to vary the sentence after the statutory period expired. The judge was entitled to rely on the probation officer's assessment of dangerousness. The sentence is adjusted to a total of 19 years for attempted rape (14 years' custody plus 5 years' extension), with no separate penalties for the other offences, to comply with statutory requirements.

Court Disposition

sentence varied

Orders

  • For attempted rape, a total sentence of 19 years' imprisonment (14 years' custody plus 5 years' extended licence) is imposed.
  • No separate penalty for the other offences.