Gunn, R v

Gunn, R v

The sentence was excessive to the extent of the extended licence period; the nine-year determinate custodial sentence was sufficient to address risk and punishment, and the psychiatric report indicated no mental disorder or personality disorder justifying an extended sentence.

Parties
Prosecutor: Regina; Appellant: Terry Gunn
Jurisdiction
England and Wales
Judgment Date
15 April 2016
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Rape, Sentencing, Dangerous Offenders, Extended Sentence, Guilty Plea Credit
Criminal Law Rape Sentencing Dangerous Offenders Extended Sentence Guilty Plea Credit

Case Brief

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Parties

Regina

Prosecutor

Terry Gunn

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the judge erred in refusing an adjournment for a psychiatric report
  3. 3 Whether the finding of dangerousness and imposition of an extended sentence was justified

Ratio Decidendi

The sentence was excessive to the extent of the extended licence period; the nine-year determinate custodial sentence was sufficient to address risk and punishment, and the psychiatric report indicated no mental disorder or personality disorder justifying an extended sentence.

Court Disposition

appeal allowed in part

Orders

  • Extension period of five years quashed
  • Nine-year determinate custodial sentence affirmed