Source: All England Reporter
Publisher Citation: [2006] All ER (D) 120 (Dec)
Neutral Citation: [2006] EWCA Crim 3024
Court: Court of Appeal, Criminal Division
Judge:

Hallett LJ, Jack and Tugendhat JJ

Representation Sonia Birdee (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 8 December 2006

Catchwords

Sentence - Custodial sentence - Imprisonment for public protection - Kidnap - Assault occasioning actual bodily harm - Defendant dragging estranged wife into public lavatory and assaulting her - Statutory assumption of dangerousness applying - Whether judge erring in making assumption - , s 225, .

The Case

On all the material in the instant case, the judge had been entirely justified to make the statutory assumption of dangerousness pursuant to s225 of the given the nature of the instant offences of kidnapping and a sustained assault and the defendant's history, and it followed that the sentence of imprisonment for public protection imposed for the kidnapping was not wrong in principle or manifestly excessive.

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