Hada, R. v

Hada, R. v

The sentencing judge erred by inferring serious psychological harm without evidence and by reducing the adult sentence by only one-third for age, rather than by about one-half. The total sentence was manifestly excessive given the appellant's age, progress in custody, and the principles in the youth sentencing guidelines. The sentence was reduced by making the 18-month sentence concurrent rather than consecutive, reducing the total from six-and-a-half years to five years.

Parties
Prosecution: Regina; Appellant: Erik Hada
Jurisdiction
England and Wales
Judgment Date
18 August 2017
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part; sentence reduced
Legal Topics
Robbery, Youth Sentencing, Imitation Firearm, Totality Principle, Sentencing Guidelines
Criminal Law Sentencing Robbery Youth Sentencing Imitation Firearm Totality Principle Sentencing Guidelines

Case Brief

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Parties

Regina

Prosecution

Erik Hada

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in categorising the seriousness of the third robbery without evidence of serious psychological harm
  2. 2 Whether the reduction from adult sentencing levels for the appellant's age was sufficient
  3. 3 Whether the total sentence imposed was manifestly excessive

Ratio Decidendi

The sentencing judge erred by inferring serious psychological harm without evidence and by reducing the adult sentence by only one-third for age, rather than by about one-half. The total sentence was manifestly excessive given the appellant's age, progress in custody, and the principles in the youth sentencing guidelines. The sentence was reduced by making the 18-month sentence concurrent rather than consecutive, reducing the total from six-and-a-half years to five years.

Court Disposition

appeal allowed in part; sentence reduced

Orders

  • Quash the consecutive sentence of 18 months' detention on count 2 and substitute a concurrent sentence of 18 months' detention
  • Total sentence reduced from six-and-a-half years to five years' detention