R v Brandon Dalkin
The sentence of 6 years 8 months was manifestly excessive because the judge failed to properly account for the applicant's age, lack of maturity, significant mitigation, and progress since the offence. The appropriate sentence after trial was 6 years, reduced to 5 years 8 months for the guilty plea.
- Parties
- Prosecution: Rex; Appellant: Brandon Dalkin
- Jurisdiction
- England and Wales
- Judgment Date
- 31 March 2025
- Procedural Posture
- Criminal Appeal / Judgment on Application for Extension of Time and Appeal Against Sentence
- Outcome
- appeal allowed
- Legal Topics
- Robbery, Sentencing, Mitigation, Credit for Guilty Plea, Delay in Proceedings
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Brandon Dalkin
Appellant
Procedural Posture
Criminal Appeal / Judgment on Application for Extension of Time and Appeal Against Sentence
Legal Issues
- 1 Whether the sentence imposed was manifestly excessive
- 2 Whether the judge failed to properly account for mitigation, including age and maturity
- 3 Whether appropriate credit was given for the guilty plea
Ratio Decidendi
The sentence of 6 years 8 months was manifestly excessive because the judge failed to properly account for the applicant's age, lack of maturity, significant mitigation, and progress since the offence. The appropriate sentence after trial was 6 years, reduced to 5 years 8 months for the guilty plea.
Court Disposition
appeal allowed
Orders
- Extension of time granted
- Leave to appeal granted
Full Case Text
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