The Queen v Mark Anthony Taylor

This appeal concerns a sentence of preventive detention imposed on the appellant, Mark Anthony Taylor, in relation to a charge of rape and two charges of unlawful sexual connection, to which he had pleaded guilty. The appellant had a previous conviction for rape, which qualified him for preventive detention under both limbs of s75(1) of the Criminal Justice Act 1985. The appellant argued that the sentence of preventive detention was manifestly excessive. The Court of Appeal was required to decide whether the sentence of preventive detention imposed on the appellant was manifestly excessive. The court considered the appellant's current offending against the background of his past offending, which had been relatively regular since 1979. The appellant's history included previous convictions for abduction, rape, and violence towards women. The court noted that the appellant had a longstanding alcohol and drug problem and had injected himself with morphine before committing the sexual crimes. The court also considered the psychiatric report, which identified problem areas that would need to be addressed before the appellant could be safely released into the community. The court rejected the submission that the sentencing Judge had placed undue weight on the psychiatric report. The court concluded that a sentence of preventive detention was justified and a finite sentence of imprisonment could not achieve the necessary protective purpose. The appeal was dismissed. The Court of Appeal dismissed the appeal and upheld the sentence of preventive detention imposed on the appellant.