[2011] EWCA Crim 166
When sentencing for an offence of robbery, a judge had proceeded wrongly on the basis that the existence of a previous conviction raised a presumption of dangerousness under the Criminal Justice Act 2003 s.229. The offender had been aged 17 at the time of the offence, and only 13 at the time of the previous conviction.
CA (Crim Div) (Pitchford LJ, Sweeney J, Judge Warwick McKinnon)
28/01/2011