Squires & Ors, R v

Squires & Ors, R v

The sentences imposed were excessive in relation to the section 47 offences and should have been reduced to reflect mitigation and ordered to run concurrently where appropriate. The section 20 offence was properly categorised as category 2, and the sentence for Higgins was stern but not manifestly excessive. The appeals were allowed to the extent of reducing and adjusting the sentences.

Parties
Appellant: Leon Charles James Squires; Applicant: Ben Michael Pickering; Appellant: Zac Martin Higgins
Jurisdiction
England and Wales
Judgment Date
16 October 2019
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeals allowed in part
Legal Topics
Sentencing, Assault, Grievous Bodily Harm, Appeal, Youth Detention
Criminal Law Sentencing Assault Grievous Bodily Harm Appeal Youth Detention

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Parties

Leon Charles James Squires

Appellant

Ben Michael Pickering

Applicant

Zac Martin Higgins

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentences imposed were manifestly excessive
  2. 2 Appropriate categorisation of offences under sentencing guidelines
  3. 3 Whether sentences should be suspended or served concurrently

Ratio Decidendi

The sentences imposed were excessive in relation to the section 47 offences and should have been reduced to reflect mitigation and ordered to run concurrently where appropriate. The section 20 offence was properly categorised as category 2, and the sentence for Higgins was stern but not manifestly excessive. The appeals were allowed to the extent of reducing and adjusting the sentences.

Court Disposition

appeals allowed in part

Orders

  • Squires' sentence quashed and replaced with 6 months on count 2 and 1 month concurrent on count 3, total 6 months' detention
  • Pickering's sentence quashed and replaced with 6 months' detention