R v Trai Fraser

R v Trai Fraser

The sentencing judge did not err in principle; he considered the appellant's age and maturity, found no evidence of unusual immaturity, and imposed a sentence that was not manifestly excessive given the seriousness of the offending and the appellant's criminal history.

Parties
Prosecution: Rex; Appellant: Trai Fraser
Jurisdiction
England and Wales
Judgment Date
25 April 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed in respect of sentence; surcharge order varied
Legal Topics
Sentencing, Possession of Bladed Article, Youth and Immaturity in Sentencing, Activation of Suspended Sentence
Criminal Law Sentencing Possession of Bladed Article Youth and Immaturity in Sentencing Activation of Suspended Sentence

Case Brief

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Parties

Rex

Prosecution

Trai Fraser

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge failed to give sufficient regard to the appellant's youth and immaturity
  2. 2 Whether the custodial term for the 2023 offence was manifestly excessive

Ratio Decidendi

The sentencing judge did not err in principle; he considered the appellant's age and maturity, found no evidence of unusual immaturity, and imposed a sentence that was not manifestly excessive given the seriousness of the offending and the appellant's criminal history.

Court Disposition

appeal dismissed in respect of sentence; surcharge order varied

Orders

  • Appeal against sentence dismissed
  • Surcharge order of £187 quashed and substituted with £156