ZA v R
[2023] EWCA Crim 596
R v AC
13 July 2023
[2023] EWCA Crim 973
Court of Appeal
A teenager, AC, was given a too-long prison sentence for his part in a robbery where someone died. The judge didn't follow the right rules for sentencing young people. The appeal court gave him a shorter sentence, meaning he was let out of prison right away but will still be under supervision.
Key Facts
- •Appellant (AC), aged 16 at the time of the offense, pleaded guilty to conspiracy to steal (Count 1) and was convicted of conspiracy to rob (Count 2).
- •AC was acquitted of murder and manslaughter.
- •The offenses involved a group robbery where a taxi driver was fatally stabbed.
- •AC's role involved participating in the robbery on a single day, including stealing a phone.
- •AC was sentenced to 5 years' detention for Count 2 and a concurrent 4 months for Count 1.
- •Co-accused received varying sentences, some convicted of manslaughter.
Legal Principles
Sentencing of young offenders requires consideration of prevention of offending and child welfare.
Sentencing Code, section 58; Youth Guideline, paragraph 1.1
Custodial sentences for young offenders are a last resort.
Youth Guideline
Youth Robbery Guideline must be applied in sentencing young offenders for robbery.
R v ZA [2023] EWCA Crim 596
Reporting restrictions apply under section 4(2) of the Contempt of Court Act 1981 and section 45 and 45A of the Youth Justice and Criminal Evidence Act 1999.
Contempt of Court Act 1981, section 4(2); Youth Justice and Criminal Evidence Act 1999, sections 45 and 45A
Outcomes
Appeal allowed; original sentence quashed.
The original sentence was wrong in principle and manifestly excessive due to the judge's failure to properly apply the Youth Robbery Guideline and consider AC's acquittal on manslaughter.
New sentence of 3 years' detention imposed on Count 2; no separate penalty on Count 1.
Considering AC's age, immaturity, learning difficulties, and the fact that he was involved for only one day, a Youth Rehabilitation Order with intensive supervision would have been suitable. Given the time already served, immediate release on license was deemed appropriate.