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England and Wales Court of Appeal (Criminal Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> S, R v  EWCA Crim 542 (25 February 2002)
Cite as:  2 Cr App R (S) 104,  2 Cr App Rep (S) 104,  EWCA Crim 542,  Crim LR 592
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Monday 25th February 2002
B e f o r e :
MR JUSTICE COLLINS
MR JUSTICE MOSES
|R E G I N A|
|- v -|
|B J S|
Smith Bernal Reporting Limited
190 Fleet Street, London EC4A 2AG
Tel No: 020 7421 4040 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
of the Appellant
Crown Copyright ©
25th February 2002
"Finally, in relation to the offender he suggests that there is nothing in his personal circumstances which suggests that he is at further high risk of offending. He has committed this offence. I did say to Mr Jeary, and I think it appropriate I should repeat, this is not a case where I would have passed a longer than normal sentence under the powers I have where a sexual offence is committed, but in my judgment there is nothing exceptional about Mr S's personal circumstances or the risk of his further offending. Any question of risk will be considered as part of the process and procedure of a life sentence which I feel bound to pass under the terms of this Act."
"1. This section applies where --
(a) a person is convicted of a serious offence committed after 30th September 1997, and
(b) at the time when that offence was committed he was 18 or over and had been convicted in any part of the United Kingdom of another serious offence.
2. The court shall impose a life sentence, that is to say, where the offender is 21 or over when convicted of the offence mentioned in subsection (1)(a) above, a sentence of imprisonment for life
(b) where he is under 21 at that time, a sentence of custody for life under section 94 above,
unless the court is of the opinion that there are exceptional circumstances relating to either of the offences or to the offender which justify its not doing so."
"We must construe 'exceptional' as an ordinary, familiar English adjective, and not as a term of art. It describes a circumstance which is out of the ordinary course, or unusual, or special, or uncommon. To be exceptional a circumstance need not be unique, or unprecedented, or very rare; but it cannot be one that is regularly, or routinely, or normally encountered."
"... is necessary to protect the public from serious harm from the offender."