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
Legal Issues
- 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.
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