Thomas, R. v

Thomas, R. v

The appellant's sentence was manifestly excessive and unfairly disparate compared to his co-accused due to the accident of age and timing, and should be reduced to achieve parity and fairness.

Source-derived case information.

Parties
Prosecution: Regina; Appellant: Ellis John Robert Thomas
Jurisdiction
England and Wales
Judgment Date
24 June 2020
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing of Young Offenders, Disparity in Sentencing, Public Order Offences, Youth Justice, Appeals Against Sentence
Criminal Law Sentencing of Young Offenders Disparity in Sentencing Public Order Offences Youth Justice Appeals Against Sentence

Source-derived case record

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Parties

Regina

Prosecution

Ellis John Robert Thomas

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

  1. 1 Whether the appellant's sentence was manifestly excessive compared to co-accused due to age and timing of proceedings
  2. 2 Whether the principle of parity in sentencing was breached

Ratio Decidendi

The appellant's sentence was manifestly excessive and unfairly disparate compared to his co-accused due to the accident of age and timing, and should be reduced to achieve parity and fairness.

Court Disposition

appeal allowed in part

Orders

  • Community order reduced from 18 months to 9 months
  • Rehabilitation activity requirement reduced from 20 days to 10 days