Sentencing and ‘Young Offenders’
The case of R v Clarke & Others [2018] EWCA Crim 185 emphasised the importance of the ‘cliff edge’ point, concerning young offenders becoming adults prior to being sentenced and the implications of such.
The ‘cliff edge’ point was recently revisited in the Court of Appeal case of R v Halouf [2024] EWCA Crim 1835.
Briefly, the appellant entered a timely guilty plea at Croydon Magistrates’ Court to an offence of having in a public place an offensive weapon, namely a machete. Summary jurisdiction was declined with the case committed for sentence to Croydon Crown Court, where the appellant was sentenced to 20months’ detention in a Young Offenders Institution (YPI).
The incident concerned two groups of men armed with knives and machetes, chasing each other through the streets of Croydon’ at around 4pm on 29/05/24.
The author of the appellant’s pre-sentence report (PSR) concluded that he posed a ‘high risk’ of serious recidivism and a ‘high risk’ of physical harm to members of the public.
The sentencing hearing
The sentencing judge concluded that the said offence was a Category 1A offence pursuant to the current sentencing guidelines, attracting a starting point of 18months’ custody, the sentencing range being 12months – 2.5years’ custody.
Having regards to the aggravating features, after trial, the sentence would have been 30months’ custody, reduced to 20months’ custody, to reflect the appellant’s timely guilty plea in the magistrates’ court.
‘Grounds of Appeal’
Notwithstanding the appellant’s PSR and appalling criminal record, an appeal against sentence was lodged on the grounds that the appellant’s mitigation was given insufficient weight, in particular his age (19), immaturity, negative peer influences, personal circumstances, caring responsibilities and voluntary work.
Prior to sentence, the appellant also spent 100 days on bail subject to a qualifying curfew.
Leave of the single judge to appeal was granted.
Held
“……we accept the submission that the judge failed to give sufficient consideration to the appellant’s age and immaturity. In R vClarke & Others [2018] EWCA Crim 185, the Lord Chief Justice said this:
“Reaching the age of 18 has many legal consequences, but it does not present a cliff edge for the purposes of sentencing. Full maturity and all the attributes of adulthood are not magically conferred on young people on their 18th birthdays. Experience of life reflected in scientific research is that young people continue to mature, albeit at different rates, for some time beyond their 18th birthdays. The youth and maturity of an offender will be factors that inform any sentencing decision, even if an offender has passed his or her 18th birthday.”
In that way the children and young person guideline, although not strictly applicable, remains of relevance to the appellant’s case, and in any event the offence specific guideline identifies age and/or lack of maturity as a factor reducing seriousness for an offender aged 18 to 25.
In those circumstances we have concluded that the judge fell into error in failing to make a reduction to reflect that particular feature of the appellant’s case. In our judgment, balancing all the aggravating and mitigating factors of the case and bearing in mind the considerations set out in the children and young person guideline, the appropriate sentence after a trial would have been in the region of 21 months’ detention in a young offenders’ institution, which after a reduction of one-third to reflect the appellant’s early plea of guilty makes a final sentence of 14 months’ detention in a young offenders’ institution.
Since the case of R v ZA [2023] EWCA Crim 596 it’s now accepted that the brains of young people are still developing up to the age of 25.
The significance of age and immaturity is important and not to be underestimated in the sentencing of children, young persons and young adults.
If you are currently subject to criminal proceedings and soon to be sentenced, you can speak with one of our lawyers in confidence.
We have four offices and are available 24hours a day, 365 days of the year.
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For further details:
Halouf [2024] EWCA Crim 1835 – CrimeLine
The ‘cliff edge’ of turning 18 and disparity of sentences with younger co-defendants