B, R v

B, R v

The custodial term imposed was too high because insufficient effect was given to the appellant's mental disorder as a factor indicating lower culpability; the correct adult starting point should have been 12 years, discounted for age and plea to five years. The appellant remains dangerous and an extended licence period is justified.

Parties
Prosecution: Regina; Appellant: B
Jurisdiction
England and Wales
Judgment Date
17 April 2019
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Dangerousness, Mental Health, Youth Justice, Wounding With Intent, Possession of Bladed Article
Criminal Law Sentencing Dangerousness Mental Health Youth Justice Wounding With Intent Possession of Bladed Article

Case Brief

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Parties

Regina

Prosecution

B

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether sufficient weight was given to the appellant's age and mental disorder
  3. 3 Whether the appellant should be found dangerous under section 226B Criminal Justice Act 2003

Ratio Decidendi

The custodial term imposed was too high because insufficient effect was given to the appellant's mental disorder as a factor indicating lower culpability; the correct adult starting point should have been 12 years, discounted for age and plea to five years. The appellant remains dangerous and an extended licence period is justified.

Court Disposition

appeal allowed in part

Orders

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