Quartey, R. v [2024] EWCA Crim 745 (28 June 2024)

Quartey, R. v [2024] EWCA Crim 745 (28 June 2024)

The original sentence was unduly lenient as the reductions for mitigation and the suspension of the sentence were excessive and not properly structured, but given the offender's progress and rehabilitation, the Court of Appeal exercised its discretion not to increase the sentence.

Citation
[2024] EWCA Crim 745
Parties
Prosecution: Rex; Offender/respondent: Maximus Quartey
Jurisdiction
England and Wales
Judgment Date
28 June 2024
Procedural Posture
Criminal Reference (attorney General's Reference Under S.36 Criminal Justice Act 1988) / Court of Appeal Judgment on Unduly Lenient Sentence Reference
Outcome
Sentence found unduly lenient but not increased; reference allowed but no variation of sentence ordered.
Legal Topics
Robbery, Sentencing, Unduly Lenient Sentences, Suspended Sentences, Mitigation, Youth Offenders
Criminal Law Robbery Sentencing Unduly Lenient Sentences Suspended Sentences Mitigation Youth Offenders

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Parties

Rex

Prosecution

Maximus Quartey

Offender/respondent

Procedural Posture

Criminal Reference (attorney General's Reference Under S.36 Criminal Justice Act 1988) / Court of Appeal Judgment on Unduly Lenient Sentence Reference

Legal Issues

  1. 1 Whether the sentence imposed for three robberies was unduly lenient
  2. 2 Whether the sentencing judge erred in reductions for mitigation and in suspending the sentence

Ratio Decidendi

The original sentence was unduly lenient as the reductions for mitigation and the suspension of the sentence were excessive and not properly structured, but given the offender's progress and rehabilitation, the Court of Appeal exercised its discretion not to increase the sentence.

Court Disposition

Sentence found unduly lenient but not increased; reference allowed but no variation of sentence ordered.

Orders

  • Leave to refer granted
  • Sentence found unduly lenient