Haslam, R. v [2024] EWCA Crim 404 (20 February 2024)

Haslam, R. v [2024] EWCA Crim 404 (20 February 2024)

The finding that Mr Haslam, though aged 18 years 9 months, was developmentally a child and operating as a juvenile at the time of the offence constituted exceptional circumstances. Imposing the statutory minimum sentence would be disproportionate. The judge was entitled to defer sentence and find exceptional circumstances. The Reference fails on its main ground.

Citation
[2024] EWCA Crim 404
Parties
Prosecution: Rex; Respondent: Ryan Haslam
Jurisdiction
England and Wales
Judgment Date
20 February 2024
Procedural Posture
Criminal Reference (attorney General's Reference Under S.36 Criminal Justice Act 1988) / Court of Appeal Judgment on Reference Regarding Sentence
Outcome
Reference dismissed
Legal Topics
Sentencing, Drug Offences, Exceptional Circumstances, Deferred Sentences, Minimum Sentences, Youth Offending
Criminal Law Sentencing Drug Offences Exceptional Circumstances Deferred Sentences Minimum Sentences Youth Offending

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Parties

Rex

Prosecution

Ryan Haslam

Respondent

Procedural Posture

Criminal Reference (attorney General's Reference Under S.36 Criminal Justice Act 1988) / Court of Appeal Judgment on Reference Regarding Sentence

Legal Issues

  1. 1 Whether the deferred sentence for three counts of possession of class A drugs with intent to supply and one count of possession of criminal property was unduly lenient
  2. 2 Whether exceptional circumstances justified not imposing the statutory minimum sentence of seven years' imprisonment under s.313 Sentencing Act 2020

Ratio Decidendi

The finding that Mr Haslam, though aged 18 years 9 months, was developmentally a child and operating as a juvenile at the time of the offence constituted exceptional circumstances. Imposing the statutory minimum sentence would be disproportionate. The judge was entitled to defer sentence and find exceptional circumstances. The Reference fails on its main ground.

Court Disposition

Reference dismissed

Orders

  • Leave to refer granted
  • Reference by Solicitor General dismissed