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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 >> Smith, R. v [2010] EWCA Crim 530 (10 March 2010)
URL: http://www.bailii.org/ew/cases/EWCA/Crim/2010/530.html
Cite as: [2010] EWCA Crim 530

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Neutral Citation Number: [2010] EWCA Crim 530
No: 200806065/A8

IN THE COURT OF APPEAL
CRIMINAL DIVISION

Royal Courts of Justice
Strand
London, WC2A 2LL
Wednesday, 10th March 2010

B e f o r e :

LORD JUSTICE MAURICE KAY
____________________

R E G I N A
v
NICHOLAS MARTIN SMITH

____________________

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  1. LORD JUSTICE MAURICE KAY: On 27th January, [2010] EWCA Crim 246 , when I was sitting with Sharp J and Sir Christopher Holland, we dismissed this appellant's appeal against sentence.
  2. We have received an application to certify a point of general public importance for the Supreme Court, the question being:
  3. "Is it appropriate to impose a sentence of imprisonment for public protection upon a defendant who has been recalled upon a life sentence?"

    We have decided to grant the certificate on the point as drafted by counsel but to refuse leave to appeal. That will be a matter for the Supreme Court.


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URL: http://www.bailii.org/ew/cases/EWCA/Crim/2010/530.html