Baker & Anor v R. [2020] EWCA Crim 176 (19 February 2020)

Baker & Anor v R. [2020] EWCA Crim 176 (19 February 2020)

It is neither unlawful nor wrong in principle to impose an extended sentence under section 226A CJA 2003 on an offender already recalled to prison on licence from an indeterminate sentence. The assessment of risk and the appropriateness of an extended sentence must be made at the date of sentencing, treating the offender as at large. The existence of a recall on licence does not preclude the imposition of an extended sentence, and the statutory criteria were met in both cases. The lengths of the extended sentences were not manifestly excessive given the aggravating features and the offenders' criminal histories.

Citation
[2020] EWCA Crim 176
Parties
1st Appellant: Robert Baker; 2nd Appellant: Michael Richards; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
19 February 2020
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeals dismissed
Legal Topics
Extended Sentences, Dangerous Offenders, Recall on Licence, Sentencing Discretion, Robbery, Imprisonment for Public Protection (ipp), Life Sentences
Criminal Law Extended Sentences Dangerous Offenders Recall on Licence Sentencing Discretion Robbery Imprisonment for Public Protection (ipp) Life Sentences

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Parties

Robert Baker

1st Appellant

Michael Richards

2nd Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether it was lawful or appropriate to impose extended sentences under section 226A CJA 2003 on offenders already recalled to prison on licence from indeterminate sentences (IPP or life sentence)
  2. 2 Whether the imposition of extended sentences served any legitimate purpose in these circumstances
  3. 3 Whether the length of the extended sentences was manifestly excessive

Ratio Decidendi

It is neither unlawful nor wrong in principle to impose an extended sentence under section 226A CJA 2003 on an offender already recalled to prison on licence from an indeterminate sentence. The assessment of risk and the appropriateness of an extended sentence must be made at the date of sentencing, treating the offender as at large. The existence of a recall on licence does not preclude the imposition of an extended sentence, and the statutory criteria were met in both cases. The lengths of the extended sentences were not manifestly excessive given the aggravating features and the offenders' criminal histories.

Court Disposition

Appeals dismissed