The defendant appealed a sentence of 16 months’ detention in a young offender institution, for violent disorder. There had been a fracas involving over 100 youths. He was not the instigator. He had one previous conviction for dishonesty. He said the judge’s remarks did not reflect the basis of the written plea.
Held: In view of the cases, particularly Fawcett, the court must ask whether any disparity would look unjust to an informed member of the public. In this case they would do so, and a sentence of eight months was substituted.
Citations:
[1999] EWCA Crim 30
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Sykes CACD 1982
. .
Cited – Regina v Goodacre CACD 1996
. .
Cited – Regina v Fawcett CACD 1983
The test which to be applied when considering questions of disparity in sentencing between defendants is whether ‘right-thinking members of the public, with full knowledge of all the relevant facts and circumstances, learning of this sentence, . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 09 September 2022; Ref: scu.156430