Bowker v R.

Bowker v R.

The sentence imposed should reflect the appellant's age at the time of the offence, but deterrence and the appellant's leading role justify a substantial sentence; a reduction from 28 to 24 months is appropriate. Article 7.1 ECHR is not breached as there was no retroactive change in law. The anti-social behaviour order is not inappropriate in scope or duration given the facts.

Parties
Appellant: Bowker; Respondent: R
Jurisdiction
England and Wales
Judgment Date
09 July 2007
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part
Legal Topics
Sentencing of Young Offenders, Age at Time of Offence Vs Conviction, Anti Social Behaviour Orders, Deterrent Sentencing, Article 7 ECHR
Criminal Law Sentencing of Young Offenders Age at Time of Offence Vs Conviction Anti Social Behaviour Orders Deterrent Sentencing Article 7 ECHR

Case Brief

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Parties

Bowker

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed on the appellant, who was under 18 at the time of the offence but over 18 at conviction, was excessive or wrong in principle
  2. 2 Whether the anti-social behaviour order was too wide or indefinite
  3. 3 Whether Article 7.1 of the European Convention on Human Rights precludes a heavier penalty due to age at conviction

Ratio Decidendi

The sentence imposed should reflect the appellant's age at the time of the offence, but deterrence and the appellant's leading role justify a substantial sentence; a reduction from 28 to 24 months is appropriate. Article 7.1 ECHR is not breached as there was no retroactive change in law. The anti-social behaviour order is not inappropriate in scope or duration given the facts.

Court Disposition

Appeal allowed in part

Orders

  • Period of detention reduced from 28 months to 24 months
  • Anti-social behaviour order upheld as imposed