Source: All England Reporter
Publisher Citation: [2007] All ER (D) 28 (Jun)
Neutral Citation: [2007] EWCA Crim 1166
Court: Court of Appeal, Criminal Division
Judge:

Sir Igor Judge P, Gage LJ, Goldring, Rafferty and Swift JJ

Representation Matthew Maynard (assigned by the Registrar of Criminal Appeals) for the defendant in the appeal.
  Elizabeth Bussey-Jones (assigned by the Registrar of Criminal Appeals) for the defendant in the application.
  Nicholas Hilliard and Nigel Povoas (instructed by the Crown Prosecution Service) for the Crown.
  Lord Goldsmith QC, A-G, for the Attorney General.
Judgment Dates: 6 June 2007

Catchwords

Sentence - Custodial sentence - Imprisonment for public protection - Dangerousness - Whether judge assessing defendant's dangerousness precluded from considering information about criminal behaviour if behaviour not resulting in criminal conviction - , s 229.

The Case

Sentence Custodial sentence. Absent a conviction, a court making a decision as to a defendant's dangerousness for the purposes of s229 of the was not precluded from considering evidence of previous misconduct which would amount to a criminal offence.

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