Practice and Procedure

R v W (2009)

PUBLISHED February 27, 2009

[2009] EWCA Crim 390

A sentence of detention for public protection with a minimum term of six years following the conviction of a young offender for attempted murder and possession of a firearm with intent to endanger life was not appropriate. Pre-sentence reports had found that the offender was not dangerous, and there had been insufficient material before the court to justify the rejection of the reports' findings. However, 12 years, which was what the determinate sentence amounted to without the indeterminate sentence coming into play, was not manifestly excessive, taking into account the mitigation and the seriously aggravating feature of the use of a firearm.

CA (Crim Div) (Moses LJ, Justice Dobbs DBE, Griffith Williams J)