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England and Wales decisions
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The Court of Appeal refused renewed applications over attempted murder convictions, upheld admission of bad character and identification evidence, and upheld life sentences.
The Court of Appeal Criminal Division refused leave to appeal against sentence, upholding an extended sentence for kidnapping, false imprisonment and manslaughter.
The sentences imposed, including IPP for the Harrow robbery and six years' imprisonment for the Kingston offences, were justified based on the applicant's criminal history, role in the offences, and the law in force at the time; the diagnosis of Asperger's syndrome did not affect the assessment of dangerousness; there was no manifest excessiveness or unjustified disparity in sentencing.
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The sentencing judge erred in principle by failing to consider and explain alternatives to IPP, specifically an extended sentence, as required by statute and authority. The facts and risk profile did not justify the most draconian sentence, and the applicant's age and potential for change warranted consideration of an ES.
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The sentence was not manifestly excessive; the judge properly assessed dangerousness and delay, and the extended sentence was justified given the seriousness and applicant's lack of remorse.
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Although the judge erred in categorising the sexual assault offence and failed to order a pre-sentence report, the total sentence imposed was not unduly lenient on the material available to the sentencing judge, and the determination that the offender was not dangerous was open to him on that material.
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The sentencing judge erred in placing the case in category A of the guideline, as the facts did not justify such a finding; the starting point should have been 10 years, discounted for guilty plea; the evidence did not justify a finding of dangerousness, so an extended sentence was not proper.
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Hamad, R. v [2025] EWCA Crim 1503 (30 October 2025)
The Court of Appeal Criminal Division refused leave to appeal against a 12-year extended sentence for assault by penetration and intentional strangulation.
The evidence was insufficient to support a conclusion that the appellant presented a significant risk of serious harm by the commission of further sexual offences against children; the conditions for imposing an extended sentence were not met.
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Thompson, R. v [2025] EWCA Crim 1462 (23 October 2025)
The Court of Appeal upheld a nine-year-three-month sentence for sexual assault and rape, but held the judge erred on classification and should have ordered a pre-sentence report.
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