Hobbs & Anor v R. (Rev 1)

Hobbs & Anor v R. (Rev 1)

The sentences imposed on Hobbs and DM were manifestly excessive given their ages, immaturity, and the prank nature of the offending; the trial judge erred in treating Hobbs as an adult for sentencing purposes and failed to adequately consider DM's psychological vulnerabilities. The conviction of Hobbs was safe and the exclusion of further bad character evidence against DM was within the trial judge's discretion.

Parties
Appellant: Keani Hobbs; Appellant: DM; Respondent: R
Jurisdiction
England and Wales
Judgment Date
03 May 2018
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeals against sentence allowed; appeal against conviction refused.
Legal Topics
Manslaughter, Sentencing of Young Offenders, Bad Character Evidence, Joint Enterprise, Theft
Criminal Law Manslaughter Sentencing of Young Offenders Bad Character Evidence Joint Enterprise Theft

Case Brief

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Parties

Keani Hobbs

Appellant

DM

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the conviction of Hobbs was unsafe due to exclusion of certain bad character evidence against DM
  2. 2 Whether the sentences imposed on Hobbs and DM for manslaughter and theft were manifestly excessive given their ages and maturity
  3. 3 Whether the trial judge erred in treating Hobbs as an adult for sentencing purposes

Ratio Decidendi

The sentences imposed on Hobbs and DM were manifestly excessive given their ages, immaturity, and the prank nature of the offending; the trial judge erred in treating Hobbs as an adult for sentencing purposes and failed to adequately consider DM's psychological vulnerabilities. The conviction of Hobbs was safe and the exclusion of further bad character evidence against DM was within the trial judge's discretion.

Court Disposition

Appeals against sentence allowed; appeal against conviction refused.

Orders

  • Sentences for manslaughter quashed and substituted: Hobbs, 5 years' detention in a young offenders' institution; DM, 3.5 years' detention.
  • Concurrent sentence for theft quashed for DM.