H, R v [2007] EWCA Crim 805 (03 April 2007)

H, R v [2007] EWCA Crim 805 (03 April 2007)

It was not inappropriate to pass consecutive extended sentences given the seriousness and continuing nature of the offences, but the sentences for indictment 0501 were too long and should be reduced to reflect the appellant's youth, resulting in a total custodial term of 5 years and an extension period of 4 years, giving a total extended sentence of 9 years.

Citation
[2007] EWCA Crim 805
Parties
Respondent: R; Appellant: H
Jurisdiction
England and Wales
Judgment Date
03 April 2007
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part
Legal Topics
Robbery, Sentencing, Extended Sentences, Youth Offenders
Criminal Law Robbery Sentencing Extended Sentences Youth Offenders

Case Brief

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Parties

R

Respondent

H

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the total custodial term and consecutive extended sentences imposed were excessive and appropriate given the appellant's age and circumstances

Ratio Decidendi

It was not inappropriate to pass consecutive extended sentences given the seriousness and continuing nature of the offences, but the sentences for indictment 0501 were too long and should be reduced to reflect the appellant's youth, resulting in a total custodial term of 5 years and an extension period of 4 years, giving a total extended sentence of 9 years.

Court Disposition

Appeal allowed in part

Orders

  • Sentences on indictment 0501 quashed and replaced with 18 months concurrent on each count
  • Total custodial term reduced to 5 years