R v Hodgson

JurisdictionEngland & Wales
CourtCourt of Appeal (Criminal Division)
JudgeMR. JUSTICE MacKENNA
Judgment Date26 Sep 1967
Judgment citation (vLex)[1967] EWCA Crim J0926-2
Docket NumberNo. 1237/67

[1967] EWCA Crim J0926-2

IN THE COURT OF APPEAL

CRIMINAL DIVISION

Royal Courts of Justice

Before:

The Master of the Rolls (Lord Denning)

Mr. Justice Widgery

and

Mr. Justice MacKenna

No. 1237/67

Regina
and
Rowland Jack Forster Hodgson

THE APPELLANT did not appear and was not represented.

MR. JUSTICE MacKENNA
1

This is an appeal by leave of Mr. Justice Waller against three sentences of life imprisonment passed by Mr. Justice Cusack in respect of two acts of rape and one of buggery committed on two women whom the Appellant attacked late at night in public places. Two other sentences also under appeal are for two years and four years respectively, that of two years for an assault on one of the two women occasioning her actual bodily harm, and the sentence of four years for an assault on a third woman with intent to rob.

2

The Appellant, who is 23 years of age, has been convicted twice of various assaults on women, one for wounding with intent to cause grievous bodily harm and the other for assault occasioning actual bodily harm.

3

The form of the application drafted by the Appellant was for leave to appeal against sentence and as I have said that leave was given. One of the reasons given to support the application was that he had been wrongly convicted of the offences of rape. This reason can be dealt with very shortly. The evidence included a confession which the Appellant had signed but which he withdrew at the trial. The Jury were entitled to accept the police evidence about the making of the confession and to act upon it. That evidence was indeed overwhelming.

4

The only question in the case is whether sentences of life imprisonment were justified in this case. The trial Judge's reasons for passing this sentence can be gathered from the transcript of the proceedings. On being given the Appellant's previous record, he put this question to the police officer, "It seems he specialises in attacks on women and girls" to which the officer answered, "It would appear so". In passing sentence, he said: "It is difficult to know, having heard the evidence I have heard with regard to the way you treated Kiss Greenwood and Mrs. Stewart whether you are to be regarded as a man or a monster. It is quite clear that the public, in particular women and girls, must be protected...

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128 cases
  • R v Chapman
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 22 July 1999
    ...has committed an offence grave enough to merit a very long sentence. His prime authority for that proposition is the well-known case of R v Hodgson (1968) 52 Cr App R 113, and in particular the oft-quoted passage at page 114 where MacKenna J giving the judgment of the court said: "Whe......
  • R v John Renner (Aka Remmer) Dillon
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 12 October 2012
    ...has laid down the conditions which must be satisfied before a discretionary life sentence can be imposed by a court. The leading case is R v Hodgson [1968] 52 Cr App R 113. That was a decision of this court which, somewhat curiously, was composed on that occasion of Lord Denning MR and Widg......
  • R v Michael Ivan Cooper
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 28 July 2006
    ...as long as the eighteen years suggested by the judge. 16 The criteria for imposing a discretionary life sentence in 1997 were drawn from R v Hodgson (1967) 52 Cr App R 113. They are summarised in the then current edition of Archbold at paragraph 5–189 as follows: "…. a sentence of life......
  • R v Wilkinson and Others
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 6 October 2009
    ...for a discretionary life sentence was that the offence was sufficiently grave for a very long sentence to be justified. (see, for example, R v Hodgson, 52 CAR 113). Although there appeared to be a suggestion that the discretionary life sentence could be imposed for an offence which did not ......
  • Request a trial to view additional results
3 books & journal articles
  • Treason Versus Outraging Public Decency: Over-Criminalisation and Terrorism Panics
    • United Kingdom
    • Journal of Criminal Law, The Nbr. 84-1, February 2020
    • 1 February 2020
    ...terrorism has been put in action and its failure rests on75. R v Khan [2010] 1 Cr. App. R. (S.) 216 at 217-218 citing R v Hodgson (1968) 52 Cr. App. R. 113.76. R. (on the application of Stott) v Secretary of State for Justice [2018] 3 W.L.R. 1831.77. C Slobogin, ‘A Jurisprudence of Dangerou......
  • The policy and practice of protective sentencing
    • United Kingdom
    • Criminology & Criminal Justice Nbr. 3-1, February 2003
    • 1 February 2003
    ...(2000) 1 Cr App R (S) 377.R v Crow and Pennington (1994) 16 Cr App R (S) 409.R v de Silva (2000) 2 Cr App R (S) 408.R v Hodgson (1967) 52 Cr App R 113.R v Kelly (1999) 2 Cr App R (S) 176.R v Mansell (1994) 15 Cr App R (S) 771.Mansell v UK (1997) EHRR 666.R v Nelson (2001) Crim. L. R. 999.R ......
  • Court of Appeal
    • United Kingdom
    • Journal of Criminal Law, The Nbr. 64-4, August 2000
    • 1 August 2000
    ...alongerthannormalsentenceisthattheoffender hascommittedanoffence graveenoughtomerita very long sentence; see RvHodgson(1967) 52 Cr App R 113. Indeed,therehavebeencases inwhicha lifesentencehasbeendeclaredinappropriatemerelybecausetheoffence ofwhichtheoffender was convicted didnotwarrantit: ......

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