Blackstock, R. v

Blackstock, R. v

The appropriate notional determinate sentence after trial would have been six years' detention, reduced by 25% for the guilty plea to four-and-a-half years; the minimum term should be half of that, i.e., two years and three months, with 78 days spent in custody to count towards the term.

Parties
Prosecution: Regina; Appellant: Sanchez Blackstock
Jurisdiction
England and Wales
Judgment Date
22 November 2007
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Robbery, Sentencing, Youth Offenders, Guilty Plea Credit, Minimum Term Calculation
Criminal Law Robbery Sentencing Youth Offenders Guilty Plea Credit Minimum Term Calculation

Case Brief

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Parties

Regina

Prosecution

Sanchez Blackstock

Appellant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the minimum term of three years and nine months for robbery was manifestly excessive
  2. 2 Whether proper credit was given for the guilty plea in sentencing

Ratio Decidendi

The appropriate notional determinate sentence after trial would have been six years' detention, reduced by 25% for the guilty plea to four-and-a-half years; the minimum term should be half of that, i.e., two years and three months, with 78 days spent in custody to count towards the term.

Court Disposition

appeal allowed in part

Orders

  • Minimum term substituted to two years and three months
  • 78 days spent in custody to count towards the minimum term