Twemlow & Ors, R. v (Sentencing Remarks) [2011] EW Misc 14 (CrownC) (18 August 2011)

Twemlow & Ors, R. v (Sentencing Remarks) [2011] EW Misc 14 (CrownC) (18 August 2011)

Custodial sentences are required for offences committed during riots due to their gravity, public impact, and deterrence needs; mitigation for early guilty pleas applied but non-custodial sentences are inappropriate given circumstances.

Source-derived case information.

Citation
[2011] EW Misc 14 (CrownC)
Parties
Defendant: Dane Wesley Twemlow; Defendant: Thomas Downey; Defendant: Conrad McGrath; Defendant: Lloyd Brian Coudjoe; Defendant: David Christopher Swarbrick; Defendant: Anthony Winder; Prosecutor: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
18 August 2011
Procedural Posture
Criminal / Sentencing
Outcome
custodial sentences imposed
Legal Topics
Riot, Burglary, Theft, Sentencing, Mitigation, Public Order
Criminal Law Riot Burglary Theft Sentencing Mitigation Public Order

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Summary, issues, holding and outcome

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Parties

Dane Wesley Twemlow

Defendant

Thomas Downey

Defendant

Conrad McGrath

Defendant

Lloyd Brian Coudjoe

Defendant

David Christopher Swarbrick

Defendant

Anthony Winder

Defendant

Crown Prosecution Service

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentencing for theft and burglary committed during riots
  2. 2 Consideration of mitigation and personal circumstances
  3. 3 Application of sentencing guidelines and statutory purposes

Ratio Decidendi

Custodial sentences are required for offences committed during riots due to their gravity, public impact, and deterrence needs; mitigation for early guilty pleas applied but non-custodial sentences are inappropriate given circumstances.

Court Disposition

custodial sentences imposed

Orders

  • Dane Wesley Twemlow: 14 months imprisonment, credit for 8 days remand, community order discharged.
  • Thomas Downey: 16 months imprisonment, credit for 8 days remand, no separate penalty for breach of ASBO.