D H, R v

The sentences were not manifestly excessive given the seriousness of the offence, but applicants should receive credit for time spent on electronic curfew while remanded to local authority accommodation, reducing their sentences accordingly.

Parties: Applicant: D; Applicant: H; Respondent: The Crown
Jurisdiction: England and Wales
Judgment Date: 03 November 2016
Procedural Posture: Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence
Outcome: Permission to appeal granted in part; appeals allowed to the extent of crediting time spent on electronic curfew.
Legal Topics: Sentencing, Grievous Bodily Harm, Youth Offenders, Credit for Time Served, Electronic Curfew

Criminal Law Sentencing Grievous Bodily Harm Youth Offenders Credit for Time Served Electronic Curfew

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

Parties

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence

Legal Issues

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

Ratio Decidendi

Court Disposition

Permission to appeal granted in part; appeals allowed to the extent of crediting time spent on electronic curfew.

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.