BNE & Anor, R. v [2025] EWCA Crim 460 (28 March 2025)

BNE & Anor, R. v [2025] EWCA Crim 460 (28 March 2025)

The sentences of imprisonment were unlawful for offenders under 21 and must be substituted with detention in a Young Offender Institution. The total sentences imposed were manifestly excessive due to failure to properly apply the totality principle and insufficient consideration of the applicants' respective roles...

Source-derived case information.

Citation
[2025] EWCA Crim 460
Parties
Prosecution: Rex; Applicant: BNE (Applicant 1); Applicant: BNY (Applicant 2)
Jurisdiction
England and Wales
Judgment Date
28 March 2025
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeals allowed in part
Legal Topics
Sentencing, Assault on Emergency Worker, Child Abduction, Detention in a Young Offender Institution, Youth Justice
Criminal Law Sentencing Assault on Emergency Worker Child Abduction Detention in a Young Offender Institution Youth Justice

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Parties

Rex

Prosecution

BNE (Applicant 1)

Applicant

BNY (Applicant 2)

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed on the applicants were manifestly excessive
  2. 2 Whether the sentences should have been for detention in a Young Offender Institution rather than imprisonment
  3. 3 Whether the totality principle was properly applied in sentencing consecutive offences

Ratio Decidendi

The sentences of imprisonment were unlawful for offenders under 21 and must be substituted with detention in a Young Offender Institution. The total sentences imposed were manifestly excessive due to failure to properly apply the totality principle and insufficient consideration of the applicants' respective roles and mitigation. The appropriate sentences are 12 months' detention in a Young Offender Institution for each applicant, with one assault sentence for Applicant 1 made concurrent to reflect totality, and a reduced sentence for Applicant 2 to reflect her lesser role.

Court Disposition

appeals allowed in part

Orders

  • Sentences of imprisonment quashed and substituted with detention in a Young Offender Institution for both applicants.
  • Applicant 1: total sentence reduced to 12 months' detention in a Young Offender Institution, with one assault sentence made concurrent.