Delaney & Ors, R. v

Delaney & Ors, R. v

The sentences imposed on the appellants were based on starting points that were too high. Detention for public protection was appropriate for Delaney and Mekshi due to the risk they posed, but the minimum terms should be reduced. Burch's sentence should be reduced to reflect the lower starting point. Harris's sentence was unlawful and must be replaced with a 12-month Detention and Training Order.

Parties
Appellant: Luke Delaney; Appellant: Ergys Mekshi; Appellant: Jack Harris; Appellant: Matthew Burch; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
03 June 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeals allowed in part; sentences varied
Legal Topics
Sentencing, Wounding With Intent, Assault Occasioning Actual Bodily Harm, Dangerousness, Detention for Public Protection, Extended Sentence, Credit for Guilty Plea
Criminal Law Sentencing Wounding With Intent Assault Occasioning Actual Bodily Harm Dangerousness Detention for Public Protection Extended Sentence Credit for Guilty Plea

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Parties

Luke Delaney

Appellant

Ergys Mekshi

Appellant

Jack Harris

Appellant

Matthew Burch

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed on the appellants were manifestly excessive or wrong in principle
  2. 2 Whether detention for public protection or extended sentence was appropriate for Delaney and Mekshi
  3. 3 Whether the starting points for sentences were too high

Ratio Decidendi

The sentences imposed on the appellants were based on starting points that were too high. Detention for public protection was appropriate for Delaney and Mekshi due to the risk they posed, but the minimum terms should be reduced. Burch's sentence should be reduced to reflect the lower starting point. Harris's sentence was unlawful and must be replaced with a 12-month Detention and Training Order.

Court Disposition

appeals allowed in part; sentences varied

Orders

  • Minimum term for Delaney reduced to four years' detention less 214 days on remand
  • Minimum term for Mekshi reduced to five years' detention less 44 days on remand