R v ERIC GARFIELD WALKER (2012)
An offence of sexual assault, although a bad offence within its category, did not justify the imposition of an extended sentence. A sentence of two years’ imprisonment was substituted.
An offence of sexual assault, although a bad offence within its category, did not justify the imposition of an extended sentence. A sentence of two years’ imprisonment was substituted.
A total sentence of seven years’ imprisonment with an extended licence period of two years imposed on an offender following his pleas of guilty to three counts of sexual assault was manifestly excessive and was reduced to six years’ imprisonment; further, the extended licence period was not warranted.
The court considered and gave guidance on the principles applicable to the new mandatory sentencing provisions for the protection of the public from dangerous offenders contained in Criminal Justice Act 2003 s.224 to s.229 and the factors that judges should take into account when deciding whether one of the new sentences must be imposed.