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
Source-derived case record
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Ellis John Robert Thomas
Appellant
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Legal Issues
- 1 Whether the appellant's sentence was manifestly excessive compared to co-accused due to age and timing of proceedings
- 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
Full Case Text
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