R v Bird

JurisdictionEngland & Wales
Judgment Date03 December 2004
Date03 December 2004
CourtCourt of Appeal (Criminal Division)

COURT OF APPEAL Criminal Division

Before Lord Justice Kennedy, Mr Justice Bell and Mr Justice Hughes


Criminal sentencing - extended sentence running consecutively to determinate sentence

Extended sentence consecutive to determinate one

There was no objection to passing an extended sentence for a violent or sexual offence to run consecutively to a determinate sentence, particularly where the sentences were for some offences which had been committed before and some which had been committed after the introduction of extended sentences.

The Court of Appeal, Criminal Division, so held in allowing an appeal by Ray Keith Bird against sentences imposed on November 19, 2003 at Croydon Crown Court by Judge Macrae on his plea of guilty to one indictment containing counts of cruelty to a child, rape and inflicting grievous bodily harm, between 1969 and 1983 for which he was imprisoned for 12 years, and one indictment containing eight counts of indecent assault between 1995 and 2000, for which he was imprisoned, for six of the offences to five-year terms and for two offences to an extended sentence of nine years.

Those comprised a custodial term of five years and an extension period of four years, all to run concurrently but consecutively to the sentences on the first indictment, making a total custodial term of 17 years and an extension period of four years.

Mr David Lederman, QC, for the appellant.

MR JUSTICE HUGHES, giving the judgment of the court, said that the question was whether the total sentence was too long, particularly in view of the early plea of guilty.

Although an extended sentence ought not to be made consecutive to another extended sentence, their Lordships...

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