R v Alfie Ferguson & Ors
[2023] EWCA Crim 1569
Ozzie Cush & Ors v R
7 November 2024
[2024] EWCA Crim 1382
Court of Appeal
After riots broke out across England, four people were convicted for their part. The court decided some sentences were fair, considering both what each person did and the scale of the violence. However, for two younger people, the court reduced their sentences because of their difficult backgrounds, even though it was still important to show that this kind of violence has serious consequences.
Key Facts
- •Series of violent disturbances across England in July/August 2024 following a tragic stabbing incident.
- •Four individuals (Cush, Williams, Willis, Temesgen) convicted of offences related to serious public disorder.
- •Appeals against sentences imposed on these four individuals.
- •Offences included assault on an emergency worker and violent disorder.
- •Sentences ranged from 14 months' detention to 26 months' imprisonment.
- •Cases involved various Crown Courts across England.
Legal Principles
Sentencing must consider the purposes of sentencing (punishment, crime reduction, reform, public protection, reparation).
Sentencing Act 2020, s. 57
Courts must follow relevant sentencing guidelines unless contrary to the interests of justice.
Sentencing Act 2020, s. 59
In public disorder cases, the court must consider the whole picture, not just individual actions.
R v Caird and others [1970] 54 Cr App R 499; R v Fox and Hicks [2005] EWCA Crim 1122; R v Blackshaw and others [2011] EWCA Crim 2312
Deterrence is highly important when public safety is threatened by widespread violence.
R v Blackshaw and others [2011] EWCA Crim 2312
Sentencing guidelines must be applied, considering culpability and harm factors.
Sentencing Act 2020, s. 60(4); Violent Disorder Guideline
The context of public disorder can be a serious aggravating factor, even for offences like assault.
Case law discussion
The need for deterrence doesn't preclude suspended sentences, but it may make them inappropriate in serious public disorder cases.
Case law discussion
Outcomes
Leave to appeal refused for Cush and Williams.
Sentences were not manifestly excessive given the context of the offences and the wider public disorder.
Leave to appeal granted and appeal allowed for Willis.
The court found that the exceptional mitigating circumstances (youth, vulnerabilities, etc.) should have led to a suspended sentence.
Leave to appeal granted and appeal allowed for Temesgen (to correct an unlawful sentence).
The original sentence of imprisonment was unlawful due to the appellant's age; the court substituted it with a sentence of detention in a Young Offender Institution.