Source: All England Reporter
Publisher Citation: [2007] All ER (D) 94 (Sep)
Neutral Citation: [2007] EWCA Crim 1981
Court: Court of Appeal, Criminal Division
Judge:

Pill LJ, Dobbs and Lloyd Jones JJ

Representation David Lyons (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 13 June 2007

Catchwords

Sentence - Custodial sentence - Imprisonment for public protection - Criminal damage and arson offences - Whether judge erring in assessing defendants' dangerousness - Whether judge erring in imposing imprisonment for public protection.

The Case

Sentence Custodial sentence. In the instant case, the judge had erred in sentencing the defendant to imprisonment for public protection for offences including arson being reckless as to whether life was endangered, having failed to take into account the fact that the defendant had previous convictions for specified offences, and having applied a lower standard on the question of risk that than which could be expected, by reference to the statutory presumption of dangerousness set out in the .

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