R v Yossa Maunders

R v Yossa Maunders

The extended sentence imposed for buggery was unlawful as it is not a specified offence under Schedule 18 of the Sentencing Act 2020; sentences for indecent assault exceeded the maximum available for a young offender at the time of offending and no good reason was advanced to exceed those maxima; the dangerousness test was properly applied but does not affect the legality of the sentences.

Parties
Applicant: Yossa Maunders; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
05 January 2025
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Sexual Offences, Historical Offences, Dangerousness, Extended Sentences
Criminal Law Sentencing Sexual Offences Historical Offences Dangerousness Extended Sentences

Case Brief

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Parties

Yossa Maunders

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the extended sentence imposed for buggery was lawful under the Sentencing Act 2020
  2. 2 Whether sentences for indecent assault exceeded the maximum available for a young offender at the time of offending
  3. 3 Whether the dangerousness test was properly applied

Ratio Decidendi

The extended sentence imposed for buggery was unlawful as it is not a specified offence under Schedule 18 of the Sentencing Act 2020; sentences for indecent assault exceeded the maximum available for a young offender at the time of offending and no good reason was advanced to exceed those maxima; the dangerousness test was properly applied but does not affect the legality of the sentences.

Court Disposition

appeal allowed in part

Orders

  • Sentence on count 9 quashed and replaced with determinate sentence of 7 years 6 months.
  • Sentences on counts 1, 3, 4, 5 and 6 quashed and replaced with 4 months' detention consecutive to each other but concurrent to buggery sentences.