Davies, R. v [2023] EWCA Crim 1215 (22 September 2023)

Davies, R. v [2023] EWCA Crim 1215 (22 September 2023)

The appellant could not properly be categorised as a persistent offender because the two offences arose from a single incident and he had only one previous caution. Therefore, the maximum sentence available at the time of the offence was a youth rehabilitation order, not custody. The judge erred in imposing a custodial sentence, and the sentence must be quashed and substituted.

Citation
[2023] EWCA Crim 1215
Parties
Prosecution: Rex; Appellant: Dylan Davies
Jurisdiction
England and Wales
Judgment Date
22 September 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed; sentence quashed and substituted
Legal Topics
Persistent Offender Definition, Youth Sentencing, Sentencing Guidelines, Appeal Against Sentence
Criminal Law Sentencing Persistent Offender Definition Youth Sentencing Sentencing Guidelines Appeal Against Sentence

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Parties

Rex

Prosecution

Dylan Davies

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the appellant could properly be categorised as a 'persistent offender' for sentencing purposes given his record and the nature of the offences.
  2. 2 Whether the sentencing judge erred in imposing a custodial sentence exceeding the maximum available at the time of the offence.

Ratio Decidendi

The appellant could not properly be categorised as a persistent offender because the two offences arose from a single incident and he had only one previous caution. Therefore, the maximum sentence available at the time of the offence was a youth rehabilitation order, not custody. The judge erred in imposing a custodial sentence, and the sentence must be quashed and substituted.

Court Disposition

appeal allowed; sentence quashed and substituted

Orders

  • Original sentence of 24 months' detention in a young offender institution quashed.
  • Substituted sentence of 5 months in a young offender institution, concurrent on each count, to result in immediate unconditional release.