Brown & Anor, R. v [2024] EWCA Crim 1329 (22 October 2024)

Brown & Anor, R. v [2024] EWCA Crim 1329 (22 October 2024)

The imposition of a consecutive sentence for burglary was not wrong in principle as the offence was distinct in time and location; the violent disorder was properly categorised as category 2A due to the targeted nature of the attack; aggravating features justified the sentences imposed; mitigation and totality were...

Source-derived case information.

Citation
[2024] EWCA Crim 1329
Parties
Prosecution: Rex; Appellant: Barry Brown; Appellant: Daniel Andrew Kent
Jurisdiction
England and Wales
Judgment Date
22 October 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Violent Disorder, Assault Occasioning Actual Bodily Harm, Burglary, Sentencing Guidelines, Consecutive and Concurrent Sentences, Categorisation of Offences
Criminal Law Violent Disorder Assault Occasioning Actual Bodily Harm Burglary Sentencing Guidelines Consecutive and Concurrent Sentences Categorisation of Offences

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Rex

Prosecution

Barry Brown

Appellant

Daniel Andrew Kent

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the imposition of a consecutive sentence for burglary on Kent was wrong or manifestly excessive
  2. 2 Whether the violent disorder offence was mischaracterised in its guideline category
  3. 3 Whether sentences for Brown and Kent should be reduced for parity or mitigation

Ratio Decidendi

The imposition of a consecutive sentence for burglary was not wrong in principle as the offence was distinct in time and location; the violent disorder was properly categorised as category 2A due to the targeted nature of the attack; aggravating features justified the sentences imposed; mitigation and totality were adequately considered; no grounds for reduction of sentence were established.

Court Disposition

appeal dismissed

Orders

  • Both appeals against sentence are dismissed.