S, R v [2011] EWCA Crim 2860 (18 November 2011)

S, R v [2011] EWCA Crim 2860 (18 November 2011)

Although a custodial sentence is inevitable due to the seriousness of the offences, the sentences should run concurrently given the appellant's age, lack of previous convictions, and mitigating circumstances.

Citation
[2011] EWCA Crim 2860
Parties
Prosecution: Regina; Appellant: JS
Jurisdiction
England and Wales
Judgment Date
18 November 2011
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Robbery, Attempted Robbery, Youth Offenders
Criminal Law Sentencing Robbery Attempted Robbery Youth Offenders

Case Brief

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Parties

Regina

Prosecution

JS

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentencing guidelines for adults should apply to a 15-year-old offender
  2. 2 Whether the pre-sentence report recommendation should have been adopted

Ratio Decidendi

Although a custodial sentence is inevitable due to the seriousness of the offences, the sentences should run concurrently given the appellant's age, lack of previous convictions, and mitigating circumstances.

Court Disposition

appeal allowed in part

Orders

  • The 8-month sentences on each count shall run concurrently.
  • Representation order granted to Mr Reynolds.