L, R. v [2012] EWCA Crim 1336 (01 June 2012)
The applicant, aged 14, with two reprimands and three robberies committed on a single occasion, does not meet the statutory definition of a 'persistent offender'; therefore, the Detention and Training Order was unlawfully imposed and must be quashed.
- Citation
- [2012] EWCA Crim 1336
- Parties
- Prosecution: Regina; Applicant: [Name Redacted] (the applicant)
- Jurisdiction
- England and Wales
- Judgment Date
- 01 June 2012
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal allowed
- Legal Topics
- Robbery, Attempted Robbery, Sentencing of Young Offenders, Definition of Persistent Offender, Youth Rehabilitation Order
Case Brief
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Parties
Regina
Prosecution
[Name Redacted] (the applicant)
Applicant
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the applicant, aged 14, qualified as a 'persistent offender' for the purposes of imposing a Detention and Training Order
- 2 Whether the original sentence of a ten month Detention and Training Order was lawfully imposed
- 3 What alternative sentence, if any, should be imposed
Ratio Decidendi
The applicant, aged 14, with two reprimands and three robberies committed on a single occasion, does not meet the statutory definition of a 'persistent offender'; therefore, the Detention and Training Order was unlawfully imposed and must be quashed.
Court Disposition
appeal allowed
Orders
- Ten month Detention and Training Order quashed
- Twelve month Youth Rehabilitation Order imposed with requirements: twelve month supervision and three month electronically monitored curfew from 7pm to 7am
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