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Sentencing

Some of the primary legislation

Legal Aid, Sentencing and Punishment of Offenders 2012
Criminal Justice and Immigration Act 2008
Offender Management Act 2007
Criminal Justice Act 2003
Powers of Criminal Courts (Sentencing) Act 2000
Crime (Sentences) Act 1997

Some of our recent notable cases

R v David Oakes & ors (2012)
A prisoner, variously labelled ‘The Southwark Rapist’ and ‘The Beast of Bermondsey’ had been convicted of attacking elderly women in their home and committed offences of violence and sexual assault. He was the first person to receive a whole life order who had not been convicted of an offence of murder. Whilst the Court acknowledged the dreadful seriousness of the crimes, the whole life order was quashed and a minimum term of 25 years imposed.
[2012] EWCA Crim 2435 21/11/2012. Reported at 2013] 2 All ER 30.
Ali Bajwa QC and Stephanie Ward

James, Wells and Lee v UK (2012)
ECHR ruled that indeterminate prison sentences are a violation of Article 5(1) of the European Convention on Human Rights which guarantees rights to liberty and security.
ECHR Apps 25119/01, 57715/09 and 5787709 18/9/2012
Pete Weatherby QC

R v Jamie Hope (2012) (no link available)
Out of time appeal against sentence which involved the passing of unlawful sentences on two occasions by a Recorder faced with what he described as a legislative quagmire.
[2012] EWCA Crim 1350 24/5/2012
Maya Sikand

R v Bhabdeep Chahal & Others (2012)
The leading case on how to approach sentencing in MTIC and carousal frauds.
[2012] EWCA Crim 1 18/1/2012
David Spens QC

R v Abdul Sherif & 5 ors (2008)
Appeals allowed and sentences reduced accordingly for offences relating to the withholding of information and assisting an offender prior to the planned bombings in London on July 21, 2005
[2008] EWCA Crim 2653 21/11/2008. Reported at (2009) Cr App R (S) 33.
Owen Davies QC

Lexi Holdings plc v Shaid Luqman & ors (2008)
Entitlement for release on temporary licence for a contempt prisoner was a matter for the prison authorities and not the Sentencing Judge.
[2008] EWHC 151 Ch. Reported at The Times 19 Feb, 2008.
Ian MacDonald QC

R v Barwell (2007) (no link available)
A sentence of imprisonment for public protection was inappropriate where there was evidence to suggest that a defendent’s repressed paedophilic tendencies could be controlled and minimised with effective treatment.
[2007] EWCA Crim 2561 10/10/07.
David Emanuel

R v Dhiren Barot (2007)
Leading authority on sentencing of those convicted of the most serious terrorist offences.
[2007] EWCA Crim 1119 16/5/2007. Reported at (2008) 1 Cr App R (S) 31.
Ian MacDonald QC

R v Carl O’Brien (2007) (no link)
Re. the unworkability of short-term tariffs for IPP sentences.
[2007] EWCA Crim 311 7/2/07
Brenda Campbell

R (on the app of W) v Brent Youth Court & DPP: R (on the app of S) v CPS: R (on the app of B) v DPP (2006)
Jurisdiction of the Youth Courts and whether youths charged with robbery and rape should be tried in the Crown Court.
[2006] EWHC 95 (Admin) 13/1/06
Maya Sikand

R v Jeremy Paul Pepper : R v Kenneth Leslie Barber : R v Martin Lamont : R v G : R v Richard Alexander Murray (2005) (no link)
Guidance on extended sentences under the Powers of Criminal Courts (Sentencing) Act 2000 s.85
[2005] EWCA Crim 1181 28/4/05. Reported at (2006) 1 Cr App R (S) 20
Keir Monteith

Offen and others (2000) (no link)
Automatic life sentences
[2001] Cr App R 24 9/11/00
Alistair Edie

R V Horseferry Magistrates Court ex parte Rugless (1999) (no link)
Judicial review, committal for sentence, legitimate expectation
[1999] EWHC 7/10/99. Reported at [2000] 1 Cr App R. (S) 484
Maya Sikand

Useful links

Sentencing Guidelines website
Sentencing Council – full list of Guidelines to download
Home Office – Criminal Justice System
CPS Guide to Trial Issues and Sentencing
Sentencing of Young People

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