Blackshaw, R. v (Rev 1) [2011] EWCA Crim 2312 (18 October 2011)

Blackshaw, R. v (Rev 1) [2011] EWCA Crim 2312 (18 October 2011)

Sentences imposed for offences committed during the 2011 riots were not manifestly excessive. The context of widespread public disorder was a significant aggravating factor justifying sentences outside the usual guidelines. Deterrent sentences were appropriate to reflect the gravity of the offences and to protect the public. The use of social media to incite riots constituted a serious offence warranting substantial custodial sentences.

Citation
[2011] EWCA Crim 2312
Parties
Appellant: R; Respondent: Blackshaw; Respondent: Sutcliffe; Respondent: Halloway; Respondent: Vanasco; Respondent: Gillespie-Doyle; Respondent: McGrane; Respondent: Koyuncu; Respondent: Craven; Respondent: Beswick; Respondent: Carter
Jurisdiction
England and Wales
Judgment Date
18 October 2011
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeals dismissed
Legal Topics
Sentencing, Public Order Offences, Burglary, Incitement, Deterrence, Sentencing Guidelines
Criminal Law Sentencing Public Order Offences Burglary Incitement Deterrence Sentencing Guidelines

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Parties

R

Appellant

Blackshaw

Respondent

Sutcliffe

Respondent

Halloway

Respondent

Vanasco

Respondent

Gillespie-Doyle

Respondent

McGrane

Respondent

Koyuncu

Respondent

Craven

Respondent

Beswick

Respondent

Carter

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether sentences imposed for offences committed during the 2011 riots were manifestly excessive
  2. 2 Whether sentencing guidelines should be departed from in the context of widespread public disorder
  3. 3 Whether deterrent sentences were justified for incitement via social media

Ratio Decidendi

Sentences imposed for offences committed during the 2011 riots were not manifestly excessive. The context of widespread public disorder was a significant aggravating factor justifying sentences outside the usual guidelines. Deterrent sentences were appropriate to reflect the gravity of the offences and to protect the public. The use of social media to incite riots constituted a serious offence warranting substantial custodial sentences.

Court Disposition

Appeals dismissed

Orders

  • Sentences upheld for all appellants
  • No reduction in sentence for early guilty pleas beyond that already given