Royal Courts of Justice
Strand
London, WC2A 2LL
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
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.
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.