| Source: | All England Reporter |
| Publisher Citation: | [2008] ALL ER (D) 197 (Apr) |
| Neutral Citation: | [2008] EWCA Crim 302 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Keene LJ, Hedley J and Judge Hall |
| Representation | Alan Gardner (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Catherine Farrelly (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 11 February 2008 |
Catchwords
Sentence - Custodial sentence - Dangerous offenders - Defendant being convicted of two offences of making threat to kill and one offence of assault occasioning actual bodily harm - Defendant having one previous conviction for offence of violence - Trial judge taking view that statutory presumption of dangerousness not displaced - Judge imposing sentence for public protection - Whether judge erring - .
The Case
The consideration of dangerousness under of the Criminal Justice Act 2003 was often very difficult for judges to undertake, particularly in circumstances in which the determinate sentence itself was comparatively short. It was the court's policy not to interfere lightly in judges' assessments of dangerousness, given that they were fact specific. Moreover, where the judge had been the trial judge, he would have had an opportunity to consider the defendant himself.
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