Smith & Ors, R. v [2022] EWCA Crim 1835 (25 November 2022)

Smith & Ors, R. v [2022] EWCA Crim 1835 (25 November 2022)

The seriousness, persistence, and group nature of the violent disorder, involving weapons and resulting in significant injuries, justified immediate custodial sentences. The sentencing judge was entitled to impose two years' imprisonment after a one-third reduction for guilty pleas, and was not required to suspend the sentences given the aggravating factors.

Citation
[2022] EWCA Crim 1835
Parties
Prosecution: Rex; Appellant: Thomas Smith; Appellant: Robert Smith; Appellant: Jeffrey Smith
Jurisdiction
England and Wales
Judgment Date
25 November 2022
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
application for leave to appeal against sentence refused
Legal Topics
Violent Disorder, Sentencing, Appeal Against Sentence, Mitigation, Immediate Custody
Criminal Law Violent Disorder Sentencing Appeal Against Sentence Mitigation Immediate Custody

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Parties

Rex

Prosecution

Thomas Smith

Appellant

Robert Smith

Appellant

Jeffrey Smith

Appellant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the immediate custodial sentences imposed were excessive or should have been suspended
  2. 2 Whether the sentencing judge erred in categorising the offence and applying the sentencing guidelines

Ratio Decidendi

The seriousness, persistence, and group nature of the violent disorder, involving weapons and resulting in significant injuries, justified immediate custodial sentences. The sentencing judge was entitled to impose two years' imprisonment after a one-third reduction for guilty pleas, and was not required to suspend the sentences given the aggravating factors.

Court Disposition

application for leave to appeal against sentence refused