ABQ, R. v [2024] EWCA Crim 310 (08 February 2024)

ABQ, R. v [2024] EWCA Crim 310 (08 February 2024)

The original sentence was manifestly excessive given the appellant's mental disorders and the guidance in R v AYO; a reduction in the custodial term was warranted, but a hospital order was not appropriate as the punitive element of sentencing was necessary and public protection could be achieved under an extended sentence.

Citation
[2024] EWCA Crim 310
Parties
Appellant: ABQ; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
08 February 2024
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Sentence
Outcome
Appeal allowed in part; sentences on specified counts quashed and substituted with reduced concurrent extended sentences; application for hospital order and renewed application on dangerousness refused.
Legal Topics
Sentencing, Sexual Offences, Mental Health and Sentencing, Dangerousness, Appeal Procedure
Criminal Law Sentencing Sexual Offences Mental Health and Sentencing Dangerousness Appeal Procedure

Case Brief

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Parties

ABQ

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the finding of dangerousness was justified
  3. 3 Whether a hospital order under section 37/41 Mental Health Act 1983 should be substituted for a custodial sentence

Ratio Decidendi

The original sentence was manifestly excessive given the appellant's mental disorders and the guidance in R v AYO; a reduction in the custodial term was warranted, but a hospital order was not appropriate as the punitive element of sentencing was necessary and public protection could be achieved under an extended sentence.

Court Disposition

Appeal allowed in part; sentences on specified counts quashed and substituted with reduced concurrent extended sentences; application for hospital order and renewed application on dangerousness refused.

Orders

  • Sentences on counts 1, 2, 3, 4, 11, 14, 15, 16, 17 quashed and substituted: count 1—27 years extended sentence (19 years custody, 8 years extended licence); counts 2 and 4—26 years extended sentence (18 years custody, 8 years extended licence); counts 3, 14, 15, 16, 17—25 years extended sentence (17 years custody, 8...
  • Sentences on counts 12, 13, 18, 19, 20 and all ancillary orders remain as imposed below.