Shotayo, R. v [2024] EWCA Crim 596 (14 May 2024)

Shotayo, R. v [2024] EWCA Crim 596 (14 May 2024)

The sentence was not manifestly excessive nor wrong in principle given the seriousness of the offence, the applicant's offending history, and the application of relevant sentencing guidelines. The only arguable ground was the failure to deduct 102 days for time spent in local authority accommodation under curfew, but the judge had taken this into account in determining the sentence length. The appeal was therefore dismissed.

Citation
[2024] EWCA Crim 596
Parties
Applicant: David Shotayo; Respondent: Rex (The Crown)
Jurisdiction
England and Wales
Judgment Date
14 May 2024
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence
Outcome
Application for leave to appeal sentence refused except on the ground of failure to deduct 102 days; appeal dismissed.
Legal Topics
Rape, Theft, Youth Justice, Sentencing Guidelines, Appeal Against Sentence, Credit for Time on Remand, Disparity in Sentencing
Criminal Law Sentencing Rape Theft Youth Justice Sentencing Guidelines Appeal Against Sentence Credit for Time on Remand +1 more

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Parties

David Shotayo

Applicant

Rex (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether there was wrongful disparity between the applicant's sentence and that of his co-defendant
  3. 3 Whether credit for time spent in local authority accommodation under curfew was properly deducted

Ratio Decidendi

The sentence was not manifestly excessive nor wrong in principle given the seriousness of the offence, the applicant's offending history, and the application of relevant sentencing guidelines. The only arguable ground was the failure to deduct 102 days for time spent in local authority accommodation under curfew, but the judge had taken this into account in determining the sentence length. The appeal was therefore dismissed.

Court Disposition

Application for leave to appeal sentence refused except on the ground of failure to deduct 102 days; appeal dismissed.

Orders

  • Leave to appeal granted solely on the ground of failure to deduct 102 days for time in local authority accommodation under curfew.
  • Appeal dismissed; sentence stands.