| Source: | All England Reporter |
| Publisher Citation: | [2007] All ER (D) 317 (Mar) |
| Neutral Citation: | [2006] EWCA Crim 2959 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Gage LJ, Jack J and Judge Warwick Mckinnon |
| Representation | Andrew Turton (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Judgment Dates: | 15 November 2006 |
Catchwords
Sentence - Custodial sentence - Imprisonment for public protection - Making threats to kill - Judge concluding that defendant presenting significant risk of serious harm - Whether judge erring in concluding that imprisonment for public protection justified.
The Case
Sentence Custodial sentence. Where the defendant had pleaded guilty to making threats to kill, assault occasioning actual bodily harm, taking a conveyance without authority and dangerous driving, the sentence of imprisonment for public protection had not been justified and would be replaced with a sentence of four years' imprisonment. The judge had not been entitled to reach the conclusion he had done on the basis of the evidence before him. The correct view had been that although the defendant had behaved in a manner which had been highly dangerous, and which had posed a very real risk of harm to others, there had not been a significant risk that he would repeat it.
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