Venue Royal Courts of JusticeDate Wednesday, 10th March 2010
Strand
London, WC2A 2LL
B e f o r e:
LORD JUSTICE MAURICE KAY
Between
R E G I N ACrownv
Between
NICHOLAS MARTIN SMITHComputer Aided Transcript of the Stenograph Notes ofWordWave International LimitedA Merrill Communications Company165 Fleet Street London EC4A 2DYTel No: 020 7404 1400 Fax No: 020 7831 8838(Official Shorthand Writers to the Court)Counsel for Appellant did not attendCounsel for Crown did not attendJ U D G M E N T
LORD JUSTICE MAURICE KAY:
On
[1]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.