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Smith, R. v

[2010] EWCA Crim 530

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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Counsel for the Appellant did not attend

Counsel for the Crown did not attend

J U D G M E N T

1.

LORD JUSTICE MAURICE KAY: On 27th January, 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:

"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.

Smith, R. v

[2010] EWCA Crim 530

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