Baker & Anor v R.

Baker & Anor v R.

It is lawful and not wrong in principle to impose extended sentences on offenders recalled to prison on licence from indeterminate sentences, as the assessment of risk must be predictive and made as if the offender is at liberty. The criteria for extended sentences were met, and the sentences imposed were not manifestly excessive given the aggravating factors and criminal histories.

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 / Judgment on Appeal Against Sentence
Outcome
Appeals dismissed
Legal Topics
Sentencing, Extended Sentences, Dangerousness, Recall on Licence, Parole Board, Robbery
Criminal Law Sentencing Extended Sentences Dangerousness Recall on Licence Parole Board Robbery

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Parties

Robert Baker

1st Appellant

Michael Richards

2nd Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether it was lawful or appropriate to impose extended sentences on appellants already recalled to prison on licence from indeterminate sentences
  2. 2 Whether the length of the extended sentences was manifestly excessive

Ratio Decidendi

It is lawful and not wrong in principle to impose extended sentences on offenders recalled to prison on licence from indeterminate sentences, as the assessment of risk must be predictive and made as if the offender is at liberty. The criteria for extended sentences were met, and the sentences imposed were not manifestly excessive given the aggravating factors and criminal histories.

Court Disposition

Appeals dismissed

Orders

  • Leave to appeal granted to Baker
  • Appeals against sentence dismissed