L, R. v

L, R. v

The applicant's two reprimands and the three robberies committed on a single occasion do not amount to 'persistent offending' as required by statute for a Detention and Training Order for a 14-year-old. The sentence was therefore unlawful and must be quashed.

Parties
Prosecution: Regina; Applicant: L
Jurisdiction
England and Wales
Judgment Date
01 June 2012
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
appeal allowed; sentence quashed and substituted
Legal Topics
Robbery, Attempted Robbery, Sentencing of Juveniles, Persistent Offender Definition, Youth Rehabilitation Order
Criminal Law Juvenile Justice Robbery Attempted Robbery Sentencing of Juveniles Persistent Offender Definition Youth Rehabilitation Order

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Parties

Regina

Prosecution

L

Applicant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the applicant qualifies as a 'persistent offender' under the relevant statutory provisions for a Detention and Training Order
  2. 2 Whether the sentence imposed was lawful and appropriate for a 14-year-old first-time offender

Ratio Decidendi

The applicant's two reprimands and the three robberies committed on a single occasion do not amount to 'persistent offending' as required by statute for a Detention and Training Order for a 14-year-old. The sentence was therefore unlawful and must be quashed.

Court Disposition

appeal allowed; sentence quashed and substituted

Orders

  • Ten month Detention and Training Order quashed
  • Twelve month Youth Rehabilitation Order imposed with requirements: twelve month supervision and three month electronically monitored curfew from 7pm to 7am