Stokes, R. v

Stokes, R. v

The sentence imposed exceeded the maximum that could have been imposed at the time of the offence, contrary to the Sentencing Council's Guideline on Children and Youth Sentencing. The appropriate sentence, considering the appellant's age and the seriousness of the offence, was 12 months' detention.

Parties
Respondent: Regina; Appellant: Byron Stokes
Jurisdiction
England and Wales
Judgment Date
04 February 2020
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part
Legal Topics
Assault, Affray, Sentencing, Youth Offenders
Criminal Law Assault Affray Sentencing Youth Offenders

Case Brief

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Parties

Regina

Respondent

Byron Stokes

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive given the appellant's age at the time of the offence
  2. 2 Whether the Recorder failed to give sufficient weight to the Sentencing Council's Guideline on Children and Youth Sentencing
  3. 3 Whether a suspended sentence should have been imposed

Ratio Decidendi

The sentence imposed exceeded the maximum that could have been imposed at the time of the offence, contrary to the Sentencing Council's Guideline on Children and Youth Sentencing. The appropriate sentence, considering the appellant's age and the seriousness of the offence, was 12 months' detention.

Court Disposition

Appeal allowed in part

Orders

  • Sentence of imprisonment quashed and substituted with 12 months' immediate detention
  • Concurrent sentence of nine months' detention undisturbed