Smith, R. v [2009] EWCA Crim 1862 (01 September 2009)

Smith, R. v [2009] EWCA Crim 1862 (01 September 2009)

Given the appellant's deteriorating health, the risk she posed was reduced, making an extended sentence more appropriate than imprisonment for public protection, while still providing necessary public protection.

Source-derived case information.

Citation
[2009] EWCA Crim 1862
Parties
Prosecution: Regina; Appellant: Yvette Maxine Smith
Jurisdiction
England and Wales
Judgment Date
01 September 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed; sentence varied
Legal Topics
Attempted Murder, Sentencing, Imprisonment for Public Protection, Extended Sentence, Dangerousness
Criminal Law Attempted Murder Sentencing Imprisonment for Public Protection Extended Sentence Dangerousness

Source-derived case record

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Parties

Regina

Prosecution

Yvette Maxine Smith

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of imprisonment for public protection was appropriate given the appellant's circumstances
  2. 2 Whether an extended sentence should be substituted

Ratio Decidendi

Given the appellant's deteriorating health, the risk she posed was reduced, making an extended sentence more appropriate than imprisonment for public protection, while still providing necessary public protection.

Court Disposition

appeal allowed; sentence varied

Orders

  • Sentence of imprisonment for public protection quashed
  • Substituted with extended sentence: twelve years' imprisonment with five year extension on licence