Mayers & Ors, R. v

Mayers & Ors, R. v

The judge erred in applying dangerousness findings collectively and failed to properly distinguish individual culpability and mitigation; sentences for several appellants were manifestly excessive and must be reduced; extended sentences quashed where dangerousness not established.

Parties
Respondent: Regina; 1st Appellant: Aaron Mayers; 2nd Appellant: Darren Myers; 3rd Appellant: Nana Danquah; 4th Appellant: Conner Miller; 5th Appellant: Jake Jenks; 6th Appellant: Nasir Joe Tommy Alieu; 7th Appellant: Lee George Baker; 8th Appellant: Faisal Issah; 9th Appellant: John Smillie; 10th Appellant: Glenn Kenny
Jurisdiction
England and Wales
Judgment Date
04 July 2018
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
Appeals allowed in part; sentences varied.
Legal Topics
Robbery, Sentencing Guidelines, Dangerousness Assessment, Conspiracy, Extended Sentences, Mitigation, Culpability
Criminal Law Robbery Sentencing Guidelines Dangerousness Assessment Conspiracy Extended Sentences Mitigation Culpability

Case Brief

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Parties

Regina

Respondent

Aaron Mayers

1st Appellant

Darren Myers

2nd Appellant

Nana Danquah

3rd Appellant

Conner Miller

4th Appellant

Jake Jenks

5th Appellant

Nasir Joe Tommy Alieu

6th Appellant

Lee George Baker

7th Appellant

Faisal Issah

8th Appellant

John Smillie

9th Appellant

Glenn Kenny

10th Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Appropriate sentencing guideline for robbery in a dwelling
  2. 2 Assessment of dangerousness under section 226A Criminal Justice Act 2003
  3. 3 Individual culpability and mitigation

Ratio Decidendi

The judge erred in applying dangerousness findings collectively and failed to properly distinguish individual culpability and mitigation; sentences for several appellants were manifestly excessive and must be reduced; extended sentences quashed where dangerousness not established.

Court Disposition

Appeals allowed in part; sentences varied.

Orders

  • Extended sentences for Danquah, Myers, Mayers, Alieu, Baker quashed; determinate sentences imposed.
  • Sentences for Miller, Jenks, Issah, Smillie, Kenny reduced.