Mr P
Mr P was convicted in October 1998 of rape and received a sentence of life imprisonment.
The CCRC received an application for review of the conviction and sentence in August 1999.
Mr P was sentenced under the “two strikes and you’re out” provisions of the Crime (Sentences) Act 1997.
Following review, the CCRC concluded that there was no real possibility the Court of Appeal would overturn Mr P’s conviction.
However, the CCRC considered the issue of whether the court would find that Mr P was, in principle, entitled to benefit from a change in approach towards mandatory life sentences as a result of the judgment in the case of R v Offen (2001).
The CCRC found that, taking account of the Offen judgment, the Court of Appeal might be prepared to consider factors which in Mr P’s previous appeal it had interpreted as falling within the “usual” parameters resulting in a mandatory life sentence.
The CCRC concluded that in this case, there was a real possibility the Court of Appeal would find that there were “exceptional circumstances” that justified not imposing a mandatory life sentence, including that Mr P no longer represented a continuing danger.
The CCRC referred the sentence in June 2001.
The Court of Appeal reduced Mr P’s sentence in February 2002.