R v Saunders and Others
[2013] EWCA Crim 1027
Independent editorial summary — not the official judgment. Read the full judgment via the source link.
Ratio Decidendi
Offenders convicted before 3 December 2012 must be sentenced under the regime in force at the date of conviction: a court is not entitled to anticipate new sentencing provisions before they come into force. For convictions after that date, LASPO 2012 abolished imprisonment for public protection (IPP), and because the new extended sentence is not a direct replacement for IPP, the discretionary life sentence arises for consideration where the necessary public protection cannot otherwise be achieved; a 'denunciatory' element is no longer a precondition, though life remains the sentence of last resort.
Facts
Three offenders appealed against non-mandatory life sentences: Saunders, a babysitter who pleaded guilty to the oral rape and sexual assault of two young girls he had targeted through babysitting advertisements; G, a father who orally raped and filmed his two young daughters and a friend of theirs; and Edwards, a serial knifepoint robber of small shops who reoffended within months of release on licence. The appeals were heard together because they raised the correct approach to non-mandatory life sentences following the LASPO 2012 changes to the dangerous offender provisions of the Criminal Justice Act 2003.
Judgment Summary
The court set out the situations in which life imprisonment now arises and held that, since the new extended sentence cannot be treated as a direct replacement for the abolished IPP, discretionary life sentences will be needed where an offender presents an indefinite risk that the extended sentence cannot meet. Saunders' and G's appeals were dismissed: their offences were of the highest gravity and each remained a serious danger to children, so life imprisonment was correctly imposed. Edwards' appeal was allowed only to the limited extent of replacing his life sentence with an IPP, which was still available for him and achieved the necessary public protection; his 8-year minimum term was not disturbed.
Key Quotes
"Therefore for offenders convicted before 3 December 2012, even if sentenced after that date, the sentencing regime in force at the date of conviction applies."
— The Court at [3](verbatim, verified against the judgment)
"As every judge appreciates, however, the life sentence remains the sentence of last resort."
— The Court at [18](verbatim, verified against the judgment)
Subsequent Treatment
Leading guidance on discretionary life sentences after LASPO 2012 abolished imprisonment for public protection.
What To Do Next
Get Professional Help