SL, R. v

SL, R. v

It was unfair to treat post-offence convictions as aggravating. Given the appellant's age, the lack of actual violence, and the lengthy pre-sentence curfew, a further six-month curfew was manifestly excessive. The curfew requirement should be reduced to three months.

Parties
Respondent: Regina; Appellant: S L
Jurisdiction
England and Wales
Judgment Date
20 April 2021
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Robbery, Sentencing of Children and Young People, Youth Rehabilitation Order, Curfew Requirement, Reporting Restrictions
Criminal Law Youth Justice Robbery Sentencing of Children and Young People Youth Rehabilitation Order Curfew Requirement Reporting Restrictions

Case Brief

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Parties

Regina

Respondent

S L

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the judge erred in considering post-offence convictions as aggravating
  3. 3 Appropriateness and length of curfew requirement for a youth offender

Ratio Decidendi

It was unfair to treat post-offence convictions as aggravating. Given the appellant's age, the lack of actual violence, and the lengthy pre-sentence curfew, a further six-month curfew was manifestly excessive. The curfew requirement should be reduced to three months.

Court Disposition

appeal allowed in part

Orders

  • Six month curfew requirement quashed
  • Three month curfew requirement substituted