R v KK

The sentence of detention under section 250 of the Sentencing Act 2020 was not lawfully available for count 4 (unlawful wounding under section 20 of the Offences against the Person Act 1861) as it is not an offence listed in section 249. The proper approach is to quash the sentence on count 4 and impose 'no separate penalty', leaving the sentences on counts 1 and 2 (robbery) intact.

Parties: Prosecution: Rex; Appellant: K K
Jurisdiction: England and Wales
Judgment Date: 08 February 2023
Procedural Posture: Criminal Appeal / Judgment
Outcome: appeal allowed in part
Legal Topics: Sentencing of Juveniles, Robbery, Unlawful Wounding, Detention Under Sentencing Act 2020

Criminal Law Sentencing of Juveniles Robbery Unlawful Wounding Detention Under Sentencing Act 2020

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 1

Parties

Rex

Prosecution

K K

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether a sentence of detention under section 250 of the Sentencing Act 2020 is lawful for an offence under section 20 of the Offences against the Person Act 1861 committed by a person under 18
2 Proper sentencing approach when some offences qualify for detention and others do not

Ratio Decidendi

Court Disposition

appeal allowed in part

Orders

Sentence on count 4 quashed and replaced with 'no separate penalty'
Sentences of 27 months' detention on counts 1 and 2 (robbery) to remain, served concurrently