ART & Anor, R. v [2023] EWCA Crim 1680 (19 December 2023)

ART & Anor, R. v [2023] EWCA Crim 1680 (19 December 2023)

The sentencing judge properly applied the Overarching Guideline, considered the seriousness of the offence, the applicants' age, and individual circumstances, and was entitled to conclude that only immediate detention was justified; the sentences were not manifestly excessive or wrong in principle.

Citation
[2023] EWCA Crim 1680
Parties
Respondent: Rex; Applicant: ART; Applicant: AJB
Jurisdiction
England and Wales
Judgment Date
19 December 2023
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
leave to appeal refused
Legal Topics
Conspiracy to Cause Grievous Bodily Harm, Sentencing of Children and Young People, Gang Related Violence, Application of Sentencing Guidelines, Youth Rehabilitation Order
Criminal Law Youth Justice Conspiracy to Cause Grievous Bodily Harm Sentencing of Children and Young People Gang Related Violence Application of Sentencing Guidelines Youth Rehabilitation Order

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Parties

Rex

Respondent

ART

Applicant

AJB

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed on ART and AJB were manifestly excessive or wrong in principle
  2. 2 Whether the sentencing judge properly applied the Overarching Guideline on Sentencing Children and Young People
  3. 3 Whether sufficient consideration was given to alternatives to detention, specifically a Youth Rehabilitation Order with Intensive Supervision and Surveillance

Ratio Decidendi

The sentencing judge properly applied the Overarching Guideline, considered the seriousness of the offence, the applicants' age, and individual circumstances, and was entitled to conclude that only immediate detention was justified; the sentences were not manifestly excessive or wrong in principle.

Court Disposition

leave to appeal refused