||All England Reporter
|| All ER (D) 150 (Mar)
|| EWCA Crim 2378
||Court of Appeal, Criminal Division
Rix LJ, Dobbs J and Sir Charles Mantell
||Taryn Turner (assigned by the Registrar of Criminal Appeals) for the defendant.
||4 October 2006
Sentence - Custodial sentence - Dangerous defendant - Imprisonment for public protection - Robbery - Notional determinate sentence - Whether indeterminate sentence inappropriate - Whether notional determinate sentence too long.
Sentence Custodial sentence. Where the defendant had pleaded guilty to robbing a 19-year-old man with learning difficulties, and where the defendant had many previous convictions and a subsequent conviction for slashing a fellow inmate's face in prison, an indeterminate sentence was appropriate. However, in the circumstances, the notional determinate sentence should be one of four years, not five years as imposed by the judge, and therefore the minimum period of 30 months would be quashed and substituted with a minimum period of 24 months, less the 83 days served in custody on remand.
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