R v Mohammed Fathi & Ors
[2024] EWCA Crim 1434
R v Alfie Baker
11 April 2024
[2024] EWCA Crim 413
Court of Appeal
A young man was given a nearly four-year sentence for serious crimes, including attacking his girlfriend and stealing puppies. The government argued the sentence was too light, but the court disagreed, saying the judge correctly considered both the bad things the young man did and the challenges in his life, like mental health problems, when deciding on the punishment.
Key Facts
- •Alfie Baker (born July 2, 2004) was sentenced to 46.5 months' detention in a young offender institution for five offenses.
- •Offenses included assault occasioning actual bodily harm (against his partner, Yasmin Boxall), burglary (theft of puppies), and aggravated burglary (assaulting Yasmin Boxall and Archie Young).
- •The aggravated burglary involved the use of a knife and threats to kill while on bail.
- •Baker had a history of emotional instability, ADHD, and self-harm, and experienced childhood trauma.
- •The judge considered Baker's age, lack of maturity, and mental health issues when sentencing.
Legal Principles
Sentences are only unduly lenient if they fall outside the range a judge could reasonably consider appropriate. Leave to refer a sentence is granted only in exceptional circumstances and not in borderline cases. Section 36 of the 1988 Act deals with cases where judges have fallen into 'gross error'.
Attorney General's Reference (R v Azad) [2021] EWCA Crim 1846; [2022] 2 Cr App R(S) 10, at [72]
Even if a sentence is considered unduly lenient, the Court of Appeal has discretion on whether to exercise its powers. The court's role is not to re-sentence, and mercy is a virtue.
Attorney General's Reference No 4 of 1989 (1990) 90 Cr App R 366, at 371
Reaching age 18 is not a 'cliff edge' for sentencing purposes; youth and maturity remain relevant factors beyond 18.
Attorney General's Reference (R v Clarke) [2018] EWCA Crim 185; [2018] 1 Cr App R(S) 52, at [5]
An offender's mental health at the time of the offense (culpability) and at sentencing (length of sentence) are relevant to sentencing.
R v PS and Others [2019] EWCA Crim 2286; [2020] 2 Cr App R(S) 9
Sentencing guidelines on Overarching Principles: Sentencing Offenders with Mental Disorders (applying from October 1, 2020) allow for reduced culpability due to impairment or disorder and consider the impact of such disorders on sentence length.
Overarching Principles: Sentencing Offenders with Mental Disorders guideline (section 2 and 3)
Outcomes
The application for leave to refer the sentences as unduly lenient was refused.
While the sentences could be considered lenient, they were not unduly so. The judge appropriately considered the offender's age, immaturity, and mental health issues, alongside aggravating factors. The total sentence was within the range reasonably open to the judge.