Thompson, R. v [2023] EWCA Crim 953 (20 July 2023)

Thompson, R. v [2023] EWCA Crim 953 (20 July 2023)

The recorder failed to sufficiently reduce the adult guideline sentence to reflect the appellant's age at the time of the offences; the correct approach was to reduce the adult sentence to one-half to two-thirds, then apply the guilty plea discount. The appropriate discount for plea was 25 percent, not one-third, given the timing and circumstances.

Citation
[2023] EWCA Crim 953
Parties
Respondent: Rex; Appellant: Keeyan Thompson
Jurisdiction
England and Wales
Judgment Date
20 July 2023
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Robbery, Sentencing, Youth Offenders, Dangerousness, Guilty Plea Discount

Case Brief

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Parties

Rex

Respondent

Keeyan Thompson

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

  1. 1 Whether the sentence imposed was manifestly excessive given the appellant's age at the time of the offences
  2. 2 Whether sufficient account was taken of personal mitigation
  3. 3 Whether the correct discount for guilty plea was applied

Ratio Decidendi

The recorder failed to sufficiently reduce the adult guideline sentence to reflect the appellant's age at the time of the offences; the correct approach was to reduce the adult sentence to one-half to two-thirds, then apply the guilty plea discount. The appropriate discount for plea was 25 percent, not one-third, given the timing and circumstances.

Court Disposition

appeal allowed

Orders

  • All Crown Court sentences quashed
  • Substituted concurrent sentences of three years' custody on all counts