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England and Wales Court of Appeal (Criminal Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Nobes, R. v [2007] EWCA Crim 1139 (26 April 2007) URL: http://www.bailii.org/ew/cases/EWCA/Crim/2007/1139.html Cite as: [2007] EWCA Crim 1139, [2008] 1 Cr App R (S) 17, [2008] 1 Cr App Rep (S) 17 |
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CRIMINAL DIVISION
Strand London, WC2 |
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B e f o r e :
MR JUSTICE RAMSEY
SIR RICHARD CURTIS
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R E G I N A | ||
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DAVID ALLAN KEITH NOBES |
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"I have, first of all, to make a difficult decision as to whether in this case I should pass a sentence of imprisonment for public protection. The Act makes it clear that because you have been convicted of a specified offence in the past, I am bound to make the assumption that you represent a significant risk of serious harm unless it would be unreasonable to do so. That previous conviction, I have to note for the record, was an incident that also involved your intervening in somebody else's argument, although Mr Wood points out a significant difference -- that alcohol was involved then but not on this occasion.
I have come to the conclusion that there is nothing to persuade me that it would be unreasonable to make the assumption I have to make under the Act, and hence the sentence I pass upon you is a sentence of public protection."
"In assessing the risk of further offences being committed, the sentencer should take into account the nature and circumstances of the current offence; the offender's history of offending including not just the kind of offence but its circumstances and the sentence passed, details of which the prosecution must have available, and, whether the offending demonstrates any pattern; social and economic factors in relation to the offender including accommodation, employability, education, associates, relationships and drug or alcohol abuse; and the offender's thinking, attitude towards offending and supervision and emotional state. Information in relation to these matters will most readily, though not exclusively, come from antecedents and pre-sentence probation and medical reports."
"Mr Nobes' history of offending demonstrates a propensity to act on impulse and this is of concern to me. Mr Nobes has one previous conviction for assault occasioning actual bodily harm which also suggests a propensity to use violence as a means of solving problems. However, alcohol was a major contributor factor to this offence and the circumstances of the current offence are vastly different. Mr Nobes does not have a long history of violent offending and he has demonstrated a high level of insight into the underlying cause of his offending.
While I am concerned that Mr Nobes has used violence as an 'instinctive' form of problem solving it is my opinion that this propensity was previously linked with his abuse of alcohol. Mr Nobes has made good progress in addressing his alcohol abuse and since attending and completing the 'Drink Impaired Drivers Course' and completing his community rehabilitation order he has committed no further offences of a similar nature. It is my opinion that in view of the particular circumstances of the current offence, Mr Nobes does not present a significant risk of serious harm as defined by section 229."