R v Docherty

Sentence – Custodial sentence. The defendant appealed against his sentence of a term of imprisonment for public protection (IPP) with a specified minimum custodial term of five years and four months for two charges of wounding with intent. The Court of Appeal, Criminal Division, in dismissing the appeal, held that the sentence of IPP had clearly been suited to the present case in a way that an extended sentence had not been. It further dismissed the defendant's contentions that the abolition of IPP prior to his sentencing had obliged the judge to impose an extended sentence to comply with arts 5, 7 and 14 of the European Convention on Human Rights, and the international norm and principle of lex mitior.

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