*R v Docherty

Sentence – Custodial sentence. The Supreme Court dismissed the defendant's appeal against a sentence of indeterminate sentence of imprisonment for public protection, made while the scheme provided for by the Criminal Justice Act 2003, as amended, under which the sentence was made, was being replaced by a different one under the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The court held that, among other things, the present appeal amounted to a claim by the defendant to anticipate the commencement of the change of regime, which he could not do. Anticipation of a change which was yet to take effect was no part of the international principle of lex mitior.

Category: