Stokes, R. v [2020] EWCA Crim 162 (04 February 2020)

Stokes, R. v [2020] EWCA Crim 162 (04 February 2020)

The Recorder failed to give adequate regard to the appellant's age at the time of the offence and the relevant youth sentencing guidelines. The maximum sentence available at the time of the offence should have been the upper limit. A sentence of immediate detention was appropriate, but it should be limited to 12...

Source-derived case information.

Citation
[2020] EWCA Crim 162
Parties
Prosecution: Regina; Appellant: Byron Stokes
Jurisdiction
England and Wales
Judgment Date
04 February 2020
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part; sentence reduced.
Legal Topics
Sentencing, Assault, Affray, Youth Offenders
Criminal Law Sentencing Assault Affray Youth Offenders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Byron Stokes

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive given the appellant's age at the time of the offence and the applicable sentencing guidelines for youth offenders.
  2. 2 Whether the Recorder failed to give sufficient weight to the appellant's youth and immaturity in accordance with the Sentencing Council's Guideline on Children and Youth Sentencing.
  3. 3 Whether a suspended sentence should have been imposed instead of immediate custody.

Ratio Decidendi

The Recorder failed to give adequate regard to the appellant's age at the time of the offence and the relevant youth sentencing guidelines. The maximum sentence available at the time of the offence should have been the upper limit. A sentence of immediate detention was appropriate, but it should be limited to 12 months, not the 27 months imposed.

Court Disposition

Appeal allowed in part; sentence reduced.

Orders

  • Quash the sentence of imprisonment imposed by the Recorder.
  • Substitute a sentence of immediate detention of 12 months for the assault.