Walker, R. v [2024] EWCA Crim 772 (20 June 2024)

Walker, R. v [2024] EWCA Crim 772 (20 June 2024)

Where an offender is sentenced on an accepted basis of plea that he did not cause injury to the victims, and there is no causal link between his actions and the injuries, it is manifestly excessive and wrong in principle to impose a compensation order against him.

Source-derived case information.

Citation
[2024] EWCA Crim 772
Parties
Applicant: Duane Walker; Respondent: Rex (The Crown)
Jurisdiction
England and Wales
Judgment Date
20 June 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence (compensation Order)
Outcome
Appeal allowed; compensation orders quashed.
Legal Topics
Affray, Compensation Orders, Sentencing, Joint Enterprise, Causation
Criminal Law Affray Compensation Orders Sentencing Joint Enterprise Causation

Source-derived case record

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Parties

Duane Walker

Applicant

Rex (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence (compensation Order)

Legal Issues

  1. 1 Whether the compensation orders imposed on the applicant were manifestly excessive and/or wrong in principle given the accepted basis of plea that the applicant did not cause injury to the victims.

Ratio Decidendi

Where an offender is sentenced on an accepted basis of plea that he did not cause injury to the victims, and there is no causal link between his actions and the injuries, it is manifestly excessive and wrong in principle to impose a compensation order against him.

Court Disposition

Appeal allowed; compensation orders quashed.

Orders

  • Leave to appeal granted.
  • Compensation orders against the applicant quashed.