Faulkner, R (on the application of) v Secretary of State for the Home Department, Court of Appeal - Administrative Court, February 08, 2006, [2006] EWHC 563 (Admin)

Reporting Judge: [2006] EWHC 563 (Admin)

President: Faulkner, R (on the application of) v Secretary of State for the Home Department

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Faulkner, R (on the application of) v Secretary of State for the Home Department, Court of Appeal - Administrative Court, February 08, 2006, [2006] EWHC 563 (Admin)

SMITH BERNAL WORDWAVE

CO/9480/2005

Neutral Citation Number: [2006] EWHC 563 (Admin)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

THE ADMINISTRATIVE COURT

Royal Courts of Justice

Strand

London WC2

Wednesday, 8th February 2006

B E F O R E:

MR JUSTICE LLOYD JONES

- - - - - - -

THE QUEEN ON THE APPLICATION OF

DANIEL FAULKNER

(CLAIMANT)

-v-

SECRETARY OF STATE FOR THE HOME DEPARTMENT

(DEFENDANT)

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Computer-Aided Transcript of the Stenograph Notes of

Smith Bernal Wordwave Limited

190 Fleet Street London EC4A 2AG

Tel No: 020 7404 1400 Fax No: 020 7831 8838

(Official Shorthand Writers to the Court)

- - - - - - -

MR HUGH SOUTHEY appeared on behalf of the CLAIMANT

MR PAUL GREATOREX appeared on behalf of the DEFENDANT

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J U D G M E N TWednesday, 8th February 2006

1. MR JUSTICE LLOYD JONES: In August 2001 at Stafford Crown Court the claimant, who was then 18 years of age, pleaded guilty to an offence of inflicting grievous bodily harm with intent. The sentencing judge, HHJ Perrett QC, observed that as a result of repeated kicking to the head of the victim, the victim had almost died. This was the claimant's second offence of grievous bodily harm. The sentencing judge imposed a sentence of life imprisonment, as he was required to do by the legislation. He imposed a tariff of two years and eight and a half months.

2. The claimant served the first part of his sentence in a young offenders' institution. At an early stage in his sentence his attitude was described as atrocious at times. More recently, his attitude and his behaviour have improved considerably. In December 2003 he was transferred to an adult prison. A marked improvement in his overall behaviour was noted and his conduct no lo...

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