R v Troy Wilkinson

R v Troy Wilkinson

The sentencing judge failed to give specific and express consideration to whether an extended determinate sentence would achieve appropriate public protection, as required by authority and the pre-sentence report. The judge proceeded directly from rejecting a discretionary life sentence to imposing IPP without explanation or reference to the alternative. This constituted an error in following relevant sentencing provisions and guidance, warranting the substitution of an extended determinate sentence.

Parties
Applicant: Troy Wilkinson; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
16 January 2026
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
Appeal allowed; IPP sentence quashed and replaced with extended determinate sentence.
Legal Topics
Sexual Offences, Sentencing, Imprisonment for Public Protection (ipp), Extended Determinate Sentence, Dangerousness, Reporting Restrictions
Criminal Law Sexual Offences Sentencing Imprisonment for Public Protection (ipp) Extended Determinate Sentence Dangerousness Reporting Restrictions

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Parties

Troy Wilkinson

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in imposing a sentence of imprisonment for public protection (IPP) instead of an extended determinate sentence
  2. 2 Whether an extension of time to appeal should be granted

Ratio Decidendi

The sentencing judge failed to give specific and express consideration to whether an extended determinate sentence would achieve appropriate public protection, as required by authority and the pre-sentence report. The judge proceeded directly from rejecting a discretionary life sentence to imposing IPP without explanation or reference to the alternative. This constituted an error in following relevant sentencing provisions and guidance, warranting the substitution of an extended determinate sentence.

Court Disposition

Appeal allowed; IPP sentence quashed and replaced with extended determinate sentence.

Orders

  • Extension of time granted
  • Leave to appeal granted