H, R v

H, R v

A substantial overall sentence was required due to the seriousness and continuing nature of the offences, the appellant's previous convictions, and high risk of re-offending. However, given the appellant's youth, the consecutive sentences on indictment 0501 were too long and were reduced to 18 months concurrent on each count, resulting in a total custodial term of 5 years with a 4-year extension, for a total extended sentence of 9 years.

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

Case Brief

Summary, issues, holding and outcome

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Parties

R

Respondent

H

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

  1. 1 Whether the total custodial term and the imposition of consecutive extended sentences were excessive or inappropriate for a youth offender convicted of multiple robberies.

Ratio Decidendi

A substantial overall sentence was required due to the seriousness and continuing nature of the offences, the appellant's previous convictions, and high risk of re-offending. However, given the appellant's youth, the consecutive sentences on indictment 0501 were too long and were reduced to 18 months concurrent on each count, resulting in a total custodial term of 5 years with a 4-year extension, for a total extended sentence of 9 years.

Court Disposition

Appeal allowed in part

Orders

  • Sentences on indictment 0501 quashed and substituted with 18 months concurrent on each count, consecutive to the sentence on indictment 0756.
  • Total custodial term reduced to 5 years.