R v Marley Clarke

R v Marley Clarke

The appellant's age at the time of the offence was properly considered, but the seriousness of the violent disorder justified a suspended custodial sentence. The disparity with the co-defendant's sentence arose from the appellant's decision not to plead guilty at the earliest opportunity, not from any error of principle. The sentence was not manifestly excessive or wrong in principle.

Parties
Prosecutor: Rex; Appellant: Marley Clarke
Jurisdiction
England and Wales
Judgment Date
22 January 2026
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Violent Disorder, Sentencing of Young Offenders, Suspended Sentences, Disparity in Sentencing
Criminal Law Violent Disorder Sentencing of Young Offenders Suspended Sentences Disparity in Sentencing

Case Brief

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Parties

Rex

Prosecutor

Marley Clarke

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the Crown Court judge erred in imposing a suspended custodial sentence on an offender who was 16 at the time of the offence
  2. 2 Whether a community order should have been imposed instead of a custodial sentence
  3. 3 Whether there was unfair disparity between the appellant's sentence and that of a co-defendant sentenced in the Youth Court

Ratio Decidendi

The appellant's age at the time of the offence was properly considered, but the seriousness of the violent disorder justified a suspended custodial sentence. The disparity with the co-defendant's sentence arose from the appellant's decision not to plead guilty at the earliest opportunity, not from any error of principle. The sentence was not manifestly excessive or wrong in principle.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The court record is to be amended to reflect a suspended sentence of detention in a young offender institution rather than imprisonment.