Practice and Procedure

R v W (2012)

PUBLISHED February 1, 2012

[2012] EWCA Crim 84

A judge had erred when imposing an extended sentence for offences of rape and indecency with a child committed prior to the commencement of the Criminal Justice Act 2003 s.224 and s.227 and the Powers of Criminal Courts (Sentencing) Act 2000 s.85. The appropriate determinate sentence was one of 12 years' imprisonment with a direction that the provisions of s.86 of the 2000 Act should apply, with the effect that the offender would remain subject to supervision and recall until the expiry of the 12-year term.

CA (Crim Div) (Gross LJ, Eady J, Blair J)