Iles v R.

Iles v R.

The extended sentence imposed for criminal damage was unlawful as criminal damage is not a specified offence; the extended sentence for arson was manifestly excessive given the appellant's age and circumstances; Youth Court sentences of detention were unlawful and must be substituted with detention and training orders; committal for trial to Crown Court for criminal damage was lawful under section 24(1A)(b) of the Magistrates’ Courts Act 1980.

Parties
Appellant: Rian Michael Iles; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
17 July 2012
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Sentencing, Extended Sentences, Committal Procedures, Powers of Youth Court, Dangerousness Provisions
Criminal Law Youth Justice Sentencing Extended Sentences Committal Procedures Powers of Youth Court Dangerousness Provisions

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Parties

Rian Michael Iles

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 lawfulness of extended sentence for criminal damage
  2. 2 powers of youth court to impose detention
  3. 3 lawful committal of criminal damage to Crown Court

Ratio Decidendi

The extended sentence imposed for criminal damage was unlawful as criminal damage is not a specified offence; the extended sentence for arson was manifestly excessive given the appellant's age and circumstances; Youth Court sentences of detention were unlawful and must be substituted with detention and training orders; committal for trial to Crown Court for criminal damage was lawful under section 24(1A)(b) of the Magistrates’ Courts Act 1980.

Court Disposition

appeal allowed

Orders

  • extended sentence for criminal damage quashed; no further order on count 1
  • extended sentence for arson quashed; substituted with 2 years 6 months detention under s.91 Powers of Criminal Courts (Sentencing) Act 2000