R v MI
[2024] EWCA Crim 851
R v Colin Barker
21 December 2023
[2023] EWCA Crim 1633
Court of Appeal
A man was wrongly given a type of long prison sentence in 2009 for abusing his nieces. The court realised the mistake 14 years later and gave him a shorter sentence, explaining the long delay due to bad legal advice and his own mental health struggles. The new sentence means he's already served it.
Key Facts
- •Colin Barker pleaded guilty in 2009 to sexual offences against his 11-year-old twin nieces.
- •He received sentences of detention for public protection (DPP) with a four-year minimum term.
- •The judge erred in imposing DPP sentences as they were not available due to Barker's age.
- •Barker applied for leave to appeal after a 14-year delay, explained by legal advice, difficulties accessing courses for release, and mental health issues.
- •The prosecution did not challenge the finding that Barker was a dangerous offender.
Legal Principles
Sentencing of dangerous offenders under the Criminal Justice Act 2003.
Criminal Justice Act 2003, sections 225, 226, 227.
The court's discretion in choosing between imprisonment for public protection (IPP) and extended sentences.
Attorney General's Reference No 55 of 2008 (R v C and Others) [2008] EWCA Crim 2790
Considerations for sentencing, including the offender's age, guilty pleas, and the seriousness of the offences.
Sentencing Guidelines Council guidelines (referred to in the judgment).
Outcomes
The appeal was granted.
The judge erred in imposing DPP sentences; extended sentences were appropriate and the original sentence was too long.
The DPP sentences were quashed.
They were not available given the appellant's age at conviction.
Extended sentences of five years' detention and five years' extension were substituted.
This reflected the appropriate custodial term after considering mitigating factors and the sentencing guidelines.
Extension of time to appeal was granted.
The delay was justified due to various circumstances, including the appellant's mental health and the initially received advice.