Basil Steven Marshall Mist v The Queen - SC 12/2005
Summary
Criminal appeal - appeal against decision of the Court of Appeal imposing a sentence of preventive detention - whether Court erred in its interpretation of s 4(2) of the Criminal Justice Act 1985 as dealing only with the situation where a new sentencing option became available between the time of the commission of the offence and the time of sentencing. CA 480/03 25 February 2005
Result
Leave to appeal granted.
31 May 2005
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Appeal allowed.
Sentence of preventive detention quashed. Sentence imposed in the High Court reinstated but without prejudice to the Solicitor-General's submission that, in total, the finite sentences are manifestly inadequate. The question whether that is so is remitted to the Court of Appeal for determination.1 December 2005
31 May 2005
_________________________
Appeal allowed.
Sentence of preventive detention quashed. Sentence imposed in the High Court reinstated but without prejudice to the Solicitor-General's submission that, in total, the finite sentences are manifestly inadequate. The question whether that is so is remitted to the Court of Appeal for determination.1 December 2005
Related Documents
Leave judgment - leave granted — MIST V R SC 12/2005 [31 May 2005] (PDF 15 KB)
Substantive judgment — MIST V R SC 12/2005 [1 December 2005] (PDF 182 KB)
Additional Information