R v BNE & Anor

R v BNE & Anor

The sentences of imprisonment imposed on both applicants were unlawful as they were under 21; sentences must be for detention in a Young Offender Institution. The aggregate sentences for assault on emergency workers were manifestly excessive due to lack of totality consideration. The sentence for Applicant 2 for child abduction was excessive given her lesser role. Both appeals against sentence are allowed and sentences are reduced to 12 months' detention in a Young Offender Institution for each applicant.

Parties
Applicant: Applicant 1 (BNE); Applicant: Applicant 2 (BNY); Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
15 April 2025
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeals against sentence allowed
Legal Topics
Sentencing, Child Abduction, Assault on Emergency Worker, Detention in Young Offender Institution, Totality Principle
Criminal Law Child Law Sentencing Child Abduction Assault on Emergency Worker Detention in Young Offender Institution Totality Principle

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Parties

Applicant 1 (BNE)

Applicant

Applicant 2 (BNY)

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed for child abduction and assault on emergency workers were manifestly excessive
  2. 2 Whether the sentences should have been for detention in a Young Offender Institution rather than imprisonment
  3. 3 Whether totality was properly considered in sentencing

Ratio Decidendi

The sentences of imprisonment imposed on both applicants were unlawful as they were under 21; sentences must be for detention in a Young Offender Institution. The aggregate sentences for assault on emergency workers were manifestly excessive due to lack of totality consideration. The sentence for Applicant 2 for child abduction was excessive given her lesser role. Both appeals against sentence are allowed and sentences are reduced to 12 months' detention in a Young Offender Institution for each applicant.

Court Disposition

appeals against sentence allowed

Orders

  • Sentences of imprisonment quashed and substituted with detention in a Young Offender Institution for both applicants.
  • Applicant 1: 4 months for child abduction, 4 months consecutive for assault, 4 months consecutive for assault, 4 months concurrent for assault; total 12 months.