Source: All England Reporter
Publisher Citation: [2007] All ER (D) 40 (Sep)
Neutral Citation: [2007] EWCA Crim 2015
Court: Court of Appeal, Criminal Division
Judge:

Maurice Kay LJ, Tugendhat J and Judge Chapman

Representation Bill Maley (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 27 June 2007

Catchwords

Sentence - Extended term of imprisonment - Protection of public - Defendant pleading guilty to count of causing grievous bodily harm with intent - Judge imposing sentence for public protection - Whether significant risk criteria met - , s 225.

The Case

Sentence Extended term of imprisonment. Section225(1)(b) of the required an assessment, inter alia, of whether or not a defendant posed a significant risk to members of the public of serious harm, occasioned by the commission by him of further specified offences. In the instant case, the sentencing judge had erred in concluding that those criteria had been satisfied. Accordingly, the sentence for public protection would be quashed and substituted with one of six-and-a-half years' imprisonment, less the time spent in custody on remand.

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