Source: All England Reporter
Publisher Citation: [2007] All ER (D) 56 (Sep)
Neutral Citation: [2007] EWCA Crim 1908
Court: Court of Appeal, Criminal Division
Judge:

Longmore LJ, Holland and Nelson JJ
Representation Richard Thomas (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 7 June 2007

Catchwords

Sentence - Custodial sentence - Imprisonment for public protection - Robbery - Aggravated burglary - Possessing an imitation firearm with intent - Dangerous driving - Whether judge erring in assessing defendant's dangerousness - Whether judge erring in imposing life sentence - Whether sentence manifestly excessive.

The Case

Sentence Custodial sentence. Where the defendant had pleaded guilty to robbery, aggravated burglary, possessing an imitation firearm with intent, and dangerous driving, and had been sentenced to life imprisonment with a minimum term of eight years, the sentence was excessive and would be quashed and substituted with a determinate sentence of 14 years' imprisonment. It could not be said that the dangerousness test under s225(1)(b) of the had been properly applied, or that the test had been passed. It followed that neither a life sentence nor imprisonment for public protection could be passed.

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