S, R v

S, R v

Although a custodial sentence was inevitable due to the seriousness of the offences, the appellant's age, lack of previous convictions, remorse, and circumstances justified concurrent rather than consecutive sentences.

Parties
Prosecution: Regina; Appellant: JS
Jurisdiction
England and Wales
Judgment Date
18 November 2011
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing of Juveniles, Robbery, Attempted Robbery, Concurrent and Consecutive Sentences
Criminal Law Sentencing of Juveniles Robbery Attempted Robbery Concurrent and Consecutive Sentences

Case Brief

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Parties

Regina

Prosecution

JS

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed on a 15-year-old for attempted robbery and robbery was appropriate given his age and circumstances
  2. 2 Whether the Sentencing Guidelines Council's guidelines for those aged 17 or over should apply to a 15-year-old
  3. 3 Whether the pre-sentence report's recommendation for a referral order should have been followed

Ratio Decidendi

Although a custodial sentence was inevitable due to the seriousness of the offences, the appellant's age, lack of previous convictions, remorse, and circumstances justified concurrent rather than consecutive sentences.

Court Disposition

appeal allowed in part

Orders

  • Sentences of 8 months on each count to run concurrently rather than consecutively
  • Representation order granted to appellant's advocate