JJ, R. v [2017] EWCA Crim 299 (08 March 2017)

JJ, R. v [2017] EWCA Crim 299 (08 March 2017)

The original sentence failed to sufficiently account for the appellant's age at the time of the offences, background, delay not attributable to him, and the principle of totality, rendering the total sentence manifestly excessive; a reduced sentence of 5 years' detention is appropriate.

Citation
[2017] EWCA Crim 299
Parties
Prosecution: Regina; Appellant: JJ
Jurisdiction
England and Wales
Judgment Date
08 March 2017
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Drug Offences, Young Offenders, Principle of Totality
Criminal Law Sentencing Drug Offences Young Offenders Principle of Totality

Case Brief

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Parties

Regina

Prosecution

JJ

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the total sentence of 7 years' detention was manifestly excessive for a young offender convicted of drug supply offences
  2. 2 Whether sufficient regard was paid to the appellant's age, background, delay, and the principle of totality

Ratio Decidendi

The original sentence failed to sufficiently account for the appellant's age at the time of the offences, background, delay not attributable to him, and the principle of totality, rendering the total sentence manifestly excessive; a reduced sentence of 5 years' detention is appropriate.

Court Disposition

appeal allowed in part

Orders

  • Sentences on counts 4 and 5 of the initial indictment quashed and substituted with concurrent terms of 12 months' detention in a young offender institution.
  • Consecutive term of 4 years' detention on the second indictment (ecstasy offence) left in place.