C & Ors, R v

C & Ors, R v

The sentences were not manifestly excessive given the gravity of the offence, the roles and backgrounds of the appellants, and the need for deterrence; the judge did not err in considering the indirect consequences of the appellants' actions nor was improperly influenced by the presence of the deceased's family.

Parties
Appellant: L J C; Appellant: A T; Appellant: R; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
19 June 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Criminal Damage, Recklessness, Detention of Young Offenders
Criminal Law Sentencing Criminal Damage Recklessness Detention of Young Offenders

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Parties

L J C

Appellant

A T

Appellant

R

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed were manifestly excessive
  2. 2 Whether the sentencing judge wrongly attributed responsibility for death to the appellants
  3. 3 Whether the presence of the deceased's family or community sensibilities improperly influenced sentence

Ratio Decidendi

The sentences were not manifestly excessive given the gravity of the offence, the roles and backgrounds of the appellants, and the need for deterrence; the judge did not err in considering the indirect consequences of the appellants' actions nor was improperly influenced by the presence of the deceased's family.

Court Disposition

appeal dismissed

Orders

  • Leave to appeal granted
  • Appeals against sentence dismissed