Source: All England Reporter
Publisher Citation: [2007] All ER (D) 150 (Mar)
Neutral Citation: [2006] EWCA Crim 2378
Court: Court of Appeal, Criminal Division

Rix LJ, Dobbs J and Sir Charles Mantell

Representation Taryn Turner (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 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.

The Case

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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