M, R. v [2007] EWCA Crim 1540 (06 June 2007)

M, R. v [2007] EWCA Crim 1540 (06 June 2007)

Given the appellant's extreme youth, persistent offending, and the aggravating features of the offences, a sentence under section 91 was appropriate, but the original term of three years was excessive. A reduced sentence of 27 months better reflects the seriousness and persistence of the conduct while taking into account the appellant's age.

Citation
[2007] EWCA Crim 1540
Parties
Respondent: Regina; Appellant: M
Jurisdiction
England and Wales
Judgment Date
06 June 2007
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Robbery, Sentencing of Young Offenders, Section 91 Powers of Criminal Courts (sentencing) Act 2000
Criminal Law Robbery Sentencing of Young Offenders Section 91 Powers of Criminal Courts (sentencing) Act 2000

Case Brief

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Parties

Regina

Respondent

M

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of three years' detention under section 91 was manifestly excessive for a 15-year-old appellant convicted of robbery and attempted robbery
  2. 2 Whether a shorter custodial sentence was appropriate given the appellant's age, record, and the nature of the offences

Ratio Decidendi

Given the appellant's extreme youth, persistent offending, and the aggravating features of the offences, a sentence under section 91 was appropriate, but the original term of three years was excessive. A reduced sentence of 27 months better reflects the seriousness and persistence of the conduct while taking into account the appellant's age.

Court Disposition

appeal allowed in part

Orders

  • Sentences of three years under section 91 quashed and substituted with sentences of 27 months under section 91, to run concurrently.