R v Thompson [2018] EWCA Crim 639
Note
The part about when restrictions end in para 5 is wrong.
ICLR
The ICLR have kindly agreed for their WLR (D) case report to be reproduced below.
The WLR Daily case summaries
[2018] WLR (D) 200
Court of Appeal
Regina v Thompson (Christopher)
Regina v Cummings (Tajsham)
Regina v Fitzgerald (Oscar)
Regina v Ford (Robert)
2018 March 8; 27
Sir Brian Leveson P, Treacy LJ, Carr, Yip JJ, Sir Peter Openshaw
Crime— Sentence— Appeals against sentence— Substituting special custodial sentence, extended sentence or hospital orders with restrictions for standard determinate sentence— Need to ensure defendant not dealt with more severely on appeal than in court below— Guidance— Criminal Appeal Act 1968 (c 19) , s 11(3) — Mental Health Act 1983 (c 20), ss 37, 41, 45A — Criminal Justice Act 2003 (c 44), ss 226A, 226B, 236A
Guidance as to the extent to which, on an appeal against sentence, the Court of Appeal can substitute for a standard determinate sentence either a special custodial sentence for offenders of particular concern, under section 236A of the Criminal Justice Act 2003, or an extended sentence, under section 226A of the 2003 Act, or a hospital order with restriction or hybrid order, under sections 37 and 41 or 45A of the Mental Health Act 1983, which does not deal with a defendant more severely than he was dealt with by the court below, as required by section 11(3) of the Criminal Appeal Act 1968 (paras 1, 3–9, 10, 15, 16, 17, 23)
Guidance as to whether, if the court imposes consecutive extended sentences, it is possible to order extension periods also to run consecutively, thereby increasing the potential licence period beyond the specified maxima (paras 2, 24, 27, 29).
Brendan Carville (assigned by the Registrar of Criminal Appeals) for the defendant in the first case.
Siobhan Molloy (assigned by the Registrar of Criminal Appeals) for the defendant in the second case.
Robert Banks (assigned by the Registrar of Criminal Appeals) for the defendant in the third case.
Sam Robinson and Isabel Wilson (assigned by the Registrar of Criminal Appeals) for the defendant in the fourth case.
Jonathan Polnay (instructed by the Crown Prosecution Service, Appeals Unit) for the Crown.
External links
ICLRFull judgment: BAILII
Download here
Subject(s):
- Sentence appeal cases🔍
Date: 27/3/18🔍
Court: Court of Appeal (Criminal Division)🔍
Judge(s):
Parties:
Citation number(s):
What links here:Published: 9/4/18 23:01
Cached: 2024-12-10 05:39:29