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England and Wales decisions
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The aggregate sentence of 26 months was manifestly excessive due to double counting of aggravating features and insufficient reduction for personal mitigation; the appropriate sentence is 21 months, comprised of 15 months for affray and 6 months for dangerous driving, with no adjustment to the latter.
Source excerpt
The sentences for affray were excessive as the judge did not give sufficient weight to mitigation, particularly previous good character and employment. The appropriate sentence after trial was 24 months, reduced to 16 months for plea. The cannabis and bladed article sentences were appropriate. Suspension of sentence was not justified given the seriousness of the offences.
Source excerpt
Summerson & Anor [2026] EWCA Crim 625 (19 May 2026)
The Court of Appeal held that the appellants’ affray convictions were safe despite the absence of a separate mens rea direction, because the jury’s findings necessarily implied intention.
The Court of Appeal upheld convictions for affray, holding that the missing separate mens rea direction did not make the verdicts unsafe on these facts.
The Court of Appeal reduced and suspended Samuel Toon’s 18-month sentence for affray, finding immediate custody unnecessary despite the seriousness of the violence.
Toon, R. v [2026] EWCA Crim 622 (06 May 2026)
The Court of Appeal reduced and suspended Samuel Toon’s sentence for affray, finding the judge had not properly reflected mitigation or guilty plea credit.
The Court of Appeal reduced and suspended Sam Minter’s sentence for affray, threats to kill, and non-fatal strangulation after finding counts 4 and 6 were too high.
The sentence imposed was unduly lenient as the Recorder erred in reducing the sentence below the guideline range for mitigation, failed to properly reflect the seriousness of the offences and the affray, and wrongly reduced the sentence by reference to qualifying curfew to enable suspension. The appropriate sentence was three years and six months' imprisonment for wounding with intent and two years for affray, to run concurrently, not suspended.
Source excerpt
The sentence imposed was manifestly excessive due to insufficient consideration of the appellant's age, maturity, and circumstances of offending; the correct sentence is 12 months' detention in a young offender institution suspended for two years with requirements.
Source excerpt
Minter, R. v [2026] EWCA Crim 359 (03 March 2026)
Court of Appeal reduced and suspended Sam Minter’s sentence for affray, threats to kill, and non-fatal strangulation after finding counts 4 and 6 were too high.
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