Smith, R. v

Smith, R. v

The appellant's dangerousness, while present, was mitigated by her deteriorating health, making an extended sentence more appropriate than imprisonment for public protection. The determinate sentence of twelve years for attempted murder was correct, with a five-year extension for licence.

Source-derived case information.

Parties
Appellant: Yvette Maxine Smith; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
01 September 2009
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
appeal allowed
Legal Topics
Sentencing, Dangerousness, Imprisonment for Public Protection, Extended Sentence, Attempted Murder
Criminal Law Sentencing Dangerousness Imprisonment for Public Protection Extended Sentence Attempted Murder

Source-derived case record

Summary, issues, holding and outcome

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Parties

Yvette Maxine Smith

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

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

Ratio Decidendi

The appellant's dangerousness, while present, was mitigated by her deteriorating health, making an extended sentence more appropriate than imprisonment for public protection. The determinate sentence of twelve years for attempted murder was correct, with a five-year extension for licence.

Court Disposition

appeal allowed

Orders

  • Sentence of imprisonment for public protection quashed
  • Substituted with extended sentence: twelve years' imprisonment (custodial), five years' licence extension