R v David Hayes & Anor
The injuries sustained did not amount to 'grave injury' and should have been categorised as category 3 harm; sentences imposed were excessive and should be reduced to reflect proper categorisation and mitigation.
- Parties
- Prosecution: Regina; Appellant: David Hayes; Appellant: Lathan Mack
- Jurisdiction
- England and Wales
- Judgment Date
- 17 June 2025
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Sentence
- Outcome
- appeals allowed in part
- Legal Topics
- Sentencing, Grievous Bodily Harm, Handling Stolen Goods, Suspended Sentence Activation
Case Brief
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Parties
Regina
Prosecution
David Hayes
Appellant
Lathan Mack
Appellant
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Legal Issues
- 1 whether the categorisation of harm for section 20 offence was correct
- 2 whether the sentence imposed was manifestly excessive
- 3 whether aggravating and mitigating factors were properly considered
Ratio Decidendi
The injuries sustained did not amount to 'grave injury' and should have been categorised as category 3 harm; sentences imposed were excessive and should be reduced to reflect proper categorisation and mitigation.
Court Disposition
appeals allowed in part
Orders
- Hayes' sentence for section 20 offence reduced from 22 months to 14 months' custody
- Mack's sentence for section 20 offence reduced from 30 months to 21 months' custody
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