R v Barry Brown & Anor

R v Barry Brown & Anor

The consecutive sentence for burglary was justified as it was a distinct offence at a different time and location. The violent disorder was properly categorised as category 2A with category A culpability due to the targeted nature of the attack. The overall sentences were just and proportionate, and there was no basis for reduction or suspension.

Parties
Prosecutor: Rex; Appellant: Barry Brown; Appellant: Daniel Andrew Kent
Jurisdiction
England and Wales
Judgment Date
11 April 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Violent Disorder, Assault Occasioning Actual Bodily Harm, Burglary, Sentencing, Appeal Against Sentence
Criminal Law Violent Disorder Assault Occasioning Actual Bodily Harm Burglary Sentencing Appeal Against Sentence

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Parties

Rex

Prosecutor

Barry Brown

Appellant

Daniel Andrew Kent

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the consecutive sentence for burglary imposed on Kent was manifestly excessive
  2. 2 Whether the violent disorder offence was mischaracterised in sentencing guidelines category
  3. 3 Whether parity in sentencing between co-defendants was maintained

Ratio Decidendi

The consecutive sentence for burglary was justified as it was a distinct offence at a different time and location. The violent disorder was properly categorised as category 2A with category A culpability due to the targeted nature of the attack. The overall sentences were just and proportionate, and there was no basis for reduction or suspension.

Court Disposition

appeal dismissed

Orders

  • Both appeals against sentence are dismissed.