[2007] EWCA Crim 1969

A sentence of detention for public protection imposed on a young offender with previous convictions for robbery following his guilty plea to a further offence of robbery was wrong in principle. The offence was committed at a time when the offender was grieving the recent death of his stepbrother and it was unreasonable to conclude that its commission gave rise to a significant risk to the public of death or serious personal injury caused by the commission of further foreseeable offences within the Criminal Justice Act 2003 Sch.15. A determinate sentence of three years' detention was substituted.

CA (Crim Div) (Leveson LJ, Cresswell J, Sir Michael Wright)

17/07/2007