Furzer, R. v

Furzer, R. v

The extended sentence was not justified as the statutory test for dangerousness was not met; a determinate sentence under section 91 was appropriate given the appellant's age, lack of previous convictions, and the circumstances.

Parties
Prosecution: Regina; Appellant: Ce-Jay Anthony Emmanuel Furzer
Jurisdiction
England and Wales
Judgment Date
08 June 2018
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Dangerousness, Youth Offenders, Wounding With Intent, Possession of Offensive Weapon
Criminal Law Sentencing Dangerousness Youth Offenders Wounding With Intent Possession of Offensive Weapon

Case Brief

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Parties

Regina

Prosecution

Ce-Jay Anthony Emmanuel Furzer

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive given the appellant's age, remorse, and circumstances
  2. 2 Whether the judge was correct to find the appellant dangerous and impose an extended sentence

Ratio Decidendi

The extended sentence was not justified as the statutory test for dangerousness was not met; a determinate sentence under section 91 was appropriate given the appellant's age, lack of previous convictions, and the circumstances.

Court Disposition

appeal allowed in part

Orders

  • Sentence on count 2 quashed and substituted with 94 months' youth detention under section 91
  • Concurrent sentence on count 1 quashed; no separate penalty imposed