B, R v [2019] EWCA Crim 801 (17 April 2019)

B, R v [2019] EWCA Crim 801 (17 April 2019)

The sentencing judge failed to give sufficient effect to the appellant's mental disorder as a factor of lower culpability when fixing the sentence within the category range; the custodial term should be reduced to five years, but the finding of dangerousness and extended licence period remain justified.

Citation
[2019] EWCA Crim 801
Parties
Prosecution: Regina; Appellant: B
Jurisdiction
England and Wales
Judgment Date
17 April 2019
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Sentencing, Dangerousness, Mental Disorder, Youth Justice, Wounding With Intent, Extended Sentence
Criminal Law Sentencing Dangerousness Mental Disorder Youth Justice Wounding With Intent Extended Sentence

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Parties

Regina

Prosecution

B

Appellant

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Was the custodial term imposed manifestly excessive given the appellant's age and mental disorder?
  2. 2 Did the sentencing judge properly apply the Sentencing Guidelines for Children and Young People, including factors of lower culpability?
  3. 3 Was the finding of dangerousness and imposition of an extended sentence justified?

Ratio Decidendi

The sentencing judge failed to give sufficient effect to the appellant's mental disorder as a factor of lower culpability when fixing the sentence within the category range; the custodial term should be reduced to five years, but the finding of dangerousness and extended licence period remain justified.

Court Disposition

appeal allowed in part

Orders

  • Custodial term reduced from seven years to five years.
  • Extended licence period of five years maintained.