C, R. v

C, R. v

The sentence of 10 months' detention and training order was manifestly excessive in light of the appellant's age, guilty plea, and the nature of the injuries. The appropriate sentence is 4 months' detention and training order to run consecutively, resulting in a total sentence of 12 months, which is permissible under the law.

Parties
Prosecutor: Regina; Appellant: C
Jurisdiction
England and Wales
Judgment Date
20 February 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Sentencing, Assault Occasioning Actual Bodily Harm, Detention and Training Order, Youth Offenders
Criminal Law Sentencing Assault Occasioning Actual Bodily Harm Detention and Training Order Youth Offenders

Case Brief

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Parties

Regina

Prosecutor

C

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive given the circumstances of the offence and the offender's age and plea

Ratio Decidendi

The sentence of 10 months' detention and training order was manifestly excessive in light of the appellant's age, guilty plea, and the nature of the injuries. The appropriate sentence is 4 months' detention and training order to run consecutively, resulting in a total sentence of 12 months, which is permissible under the law.

Court Disposition

appeal allowed

Orders

  • Sentence of 10 months' detention and training order quashed.
  • Substituted with 4 months' detention and training order to run consecutively to current sentence.