Regina v Jacob Talbot-Lummis

Regina v Jacob Talbot-Lummis

The original sentences failed to sufficiently reflect the appellant's young age, immaturity, and mitigating factors, and the sentence on the alternative count was unlawful. The appropriate sentence is an extended determinate sentence of 23 years (18 years' custody, 5 years' extended licence) on count 1, a concurrent standard determinate sentence of 9 years on count 3, and count 4 to lie on file.

Parties
Appellant: Jacob Talbot-Lummis; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
08 March 2022
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part; sentences quashed and substituted; alternative count to lie on file.
Legal Topics
Attempted Murder, Possession of Firearm With Intent to Endanger Life, Sentencing of Children and Young Persons, Dangerousness, Mitigation, Reporting Restrictions
Criminal Law Youth Justice Attempted Murder Possession of Firearm With Intent to Endanger Life Sentencing of Children and Young Persons Dangerousness Mitigation Reporting Restrictions

Case Brief

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Parties

Jacob Talbot-Lummis

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed on a 15-year-old for attempted murder and possession of a firearm with intent to endanger life was manifestly excessive
  2. 2 Whether the judge erred in the assessment of dangerousness
  3. 3 Whether the reduction for youth was adequate

Ratio Decidendi

The original sentences failed to sufficiently reflect the appellant's young age, immaturity, and mitigating factors, and the sentence on the alternative count was unlawful. The appropriate sentence is an extended determinate sentence of 23 years (18 years' custody, 5 years' extended licence) on count 1, a concurrent standard determinate sentence of 9 years on count 3, and count 4 to lie on file.

Court Disposition

Appeal allowed in part; sentences quashed and substituted; alternative count to lie on file.

Orders

  • On count 1, extended determinate sentence of 23 years (18 years' custody, 5 years' extended licence)
  • On count 3, concurrent standard determinate sentence of 9 years' detention