Practice and Procedure

R v DANIEL WARD (2007)

PUBLISHED December 20, 2007

[2007] EWCA Crim 3358

The judge had erred in imposing a sentence of imprisonment for public protection on a 23-year-old man who had pleaded guilty to offences of assault occasioning actual bodily harm, robbery, and robbery and assault by beating, as the statutory presumption of dangerousness did not arise and he had failed to consider whether there was a significant risk of the offender committing further specified offences, whether serious or not, and whether there was a significant risk of harm to members of the public by reason of the commission of such offences. The appropriate determinate sentence, in view of the offender's age, previous good character and the nature of the offending, was one of five years' imprisonment.

CA (Crim Div) (Moses LJ, Forbes J, Cox J)