Armsden-MccLennon& Anor, R. v

Armsden-MccLennon& Anor, R. v

The sentences imposed were not manifestly excessive given the aggravating features, the seriousness of the offences, and the appellants' criminal records; the reductions for youth and guilty pleas were sufficient. However, the sentence on count 2 for O was unlawful and must be corrected to no separate penalty.

Parties
Prosecution: Regina; Appellant: Maison James Armsden-McClennon; Appellant: O
Jurisdiction
England and Wales
Judgment Date
19 July 2019
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeals dismissed with a technical correction for O
Legal Topics
Robbery, Assault Occasioning Actual Bodily Harm, Sentencing of Young Offenders, Totality Principle, Sentencing Guidelines
Criminal Law Robbery Assault Occasioning Actual Bodily Harm Sentencing of Young Offenders Totality Principle Sentencing Guidelines

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Parties

Regina

Prosecution

Maison James Armsden-McClennon

Appellant

O

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed on the appellants were manifestly excessive
  2. 2 Whether the sentencing judge properly applied the principles of totality and youth mitigation
  3. 3 Whether the sentence on count 2 for O was lawful

Ratio Decidendi

The sentences imposed were not manifestly excessive given the aggravating features, the seriousness of the offences, and the appellants' criminal records; the reductions for youth and guilty pleas were sufficient. However, the sentence on count 2 for O was unlawful and must be corrected to no separate penalty.

Court Disposition

Appeals dismissed with a technical correction for O

Orders

  • In O's case, substitute on count 2 a sentence of no separate penalty instead of six months’ detention
  • Appeals otherwise dismissed