McKeown, R v

McKeown, R v

The sentence imposed exceeded the maximum that could have been imposed had the appellant been sentenced at age 16; the proper approach was to apply the maximum available at that age, resulting in a total sentence of 2 years' imprisonment.

Parties
Respondent: Regina; Appellant: [Appellant's Name Withheld]
Jurisdiction
England and Wales
Judgment Date
09 September 2020
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentence reduced
Legal Topics
Sexual Offences, Children and Young Persons, Sentencing Guidelines, Appeals
Criminal Law Sentencing Sexual Offences Children and Young Persons Sentencing Guidelines Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

[Appellant's Name Withheld]

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was excessive given the appellant's age at the time of the offences and the applicable sentencing guidelines for children and young people
  2. 2 Whether sufficient regard was given to the delay in proceedings
  3. 3 Whether the sentencing judge properly applied the totality and children/young persons guidelines

Ratio Decidendi

The sentence imposed exceeded the maximum that could have been imposed had the appellant been sentenced at age 16; the proper approach was to apply the maximum available at that age, resulting in a total sentence of 2 years' imprisonment.

Court Disposition

Appeal allowed; sentence reduced

Orders

  • Original sentences quashed
  • Concurrent sentences of 2 years' imprisonment imposed on counts 7, 8, and 9