D H, R v [2016] EWCA Crim 1807 (3 November 2016)

D H, R v [2016] EWCA Crim 1807 (3 November 2016)

The sentences were not manifestly excessive given the seriousness of the offence, the use of a knife, and the public nature of the attack. However, both applicants should have been credited for time spent on electronic curfew while remanded to local authority accommodation, reducing their sentences accordingly.

Citation
[2016] EWCA Crim 1807
Parties
Prosecution: Regina; Applicant: D; Applicant: H
Jurisdiction
England and Wales
Judgment Date
03 November 2016
Procedural Posture
Criminal Appeal / Renewed Applications for Permission to Appeal Against Sentence
Outcome
Permission to appeal granted in part; appeals allowed to the extent of granting credit for time spent on electronic curfew; otherwise refused.
Legal Topics
Sentencing, Credit for Time Served, Youth Offenders, Electronic Curfew, Grievous Bodily Harm
Criminal Law Sentencing Credit for Time Served Youth Offenders Electronic Curfew Grievous Bodily Harm

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Prosecution

D

Applicant

H

Applicant

Procedural Posture

Criminal Appeal / Renewed Applications for Permission to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed were manifestly excessive
  2. 2 Whether applicants were entitled to credit for time spent on electronic curfew while remanded to local authority accommodation

Ratio Decidendi

The sentences were not manifestly excessive given the seriousness of the offence, the use of a knife, and the public nature of the attack. However, both applicants should have been credited for time spent on electronic curfew while remanded to local authority accommodation, reducing their sentences accordingly.

Court Disposition

Permission to appeal granted in part; appeals allowed to the extent of granting credit for time spent on electronic curfew; otherwise refused.

Orders

  • Applicant H to be credited with 91 days served on electronic curfew, reducing sentence accordingly.
  • Applicant D to be credited with 7 days served on electronic curfew, reducing sentence accordingly.