R v Ebrima Fatty

R v Ebrima Fatty

The sentencing judge erred by not directly applying the Children Guideline to the appellant, who was 17 at the time of the offence. The appropriate sentence should have been at the upper end of the range suggested by the guideline, namely 8 years, with a further reduction for plea, resulting in 7 years and 2 months' detention. The original sentence of 9 years was excessive.

Parties
Prosecutor: Rex; Appellant: Ebrima Fatty
Jurisdiction
England and Wales
Judgment Date
12 May 2024
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Sentencing, Youth Offenders, Wounding With Intent, Possession of Bladed Article
Criminal Law Sentencing Youth Offenders Wounding With Intent Possession of Bladed Article

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Rex

Prosecutor

Ebrima Fatty

Appellant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the sentencing judge erred in applying insufficient reduction to the adult sentence to reflect the appellant's age at the time of the offence
  2. 2 Whether the Children Guideline should have been directly applied to a defendant who was 17 at the time of the offence but sentenced at 19

Ratio Decidendi

The sentencing judge erred by not directly applying the Children Guideline to the appellant, who was 17 at the time of the offence. The appropriate sentence should have been at the upper end of the range suggested by the guideline, namely 8 years, with a further reduction for plea, resulting in 7 years and 2 months' detention. The original sentence of 9 years was excessive.

Court Disposition

appeal allowed in part

Orders

  • The sentence of 9 years’ detention is quashed and replaced with 7 years 2 months’ detention in a young offender institution for the section 18 offence.
  • All other sentences and orders remain the same.