C, R. v

C, R. v

Given the appellant's age, evidence of improvement, and professional assessments indicating capacity for change, an extended sentence is more appropriate than detention for public protection.

Parties
Prosecution: Regina; Appellant: C; Co Defendant: TC; Co Defendant: HF; Complainant: Mandy Vickers
Jurisdiction
England and Wales
Judgment Date
22 June 2006
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
appeal allowed; sentence quashed and replaced
Legal Topics
Sentencing, Juvenile Offenders, Extended Sentences, Detention for Public Protection
Criminal Law Sentencing Juvenile Offenders Extended Sentences Detention for Public Protection

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Parties

Regina

Prosecution

C

Appellant

TC

Co Defendant

HF

Co Defendant

Mandy Vickers

Complainant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether an extended sentence or detention for public protection is appropriate for a juvenile convicted of kidnapping and assault occasioning actual bodily harm
  2. 2 Assessment of risk posed by the appellant to the public
  3. 3 Appropriateness of indeterminate sentences for young offenders

Ratio Decidendi

Given the appellant's age, evidence of improvement, and professional assessments indicating capacity for change, an extended sentence is more appropriate than detention for public protection.

Court Disposition

appeal allowed; sentence quashed and replaced

Orders

  • Existing sentence quashed
  • Extended sentence of five years and six months imposed under section 228 of the Criminal Justice Act 2003