Key Facts
- •AJB (16 at the time of the offence) and ART (17 at the time of the offence) pleaded guilty to conspiracy to cause grievous bodily harm with intent.
- •The offence involved a planned attack on a 15-year-old boy (V2) by a group of six males, including AJB and ART, associated with the "Neno" gang.
- •The attack was motivated by gang rivalry with the "J Block" gang.
- •Two machetes were recovered near the scene, with AJB's fingerprints on one.
- •The attack involved threats of violence against V2's mother (V1) and her two young sons.
- •V2 and his family were forced to relocate after the incident.
- •Both AJB and ART had engaged with the Youth Justice Service and were making efforts to distance themselves from gang activity.
Legal Principles
Section 45 of the Youth Justice and Criminal Evidence Act 1999 applies, restricting the publication of information that could identify those involved while under 18.
Youth Justice and Criminal Evidence Act 1999
Sentencing of children and young people should prioritize preventing offending and promoting welfare, focusing on rehabilitation over punishment.
Overarching Guideline on Sentencing Children and Young People
When sentencing young people (15-17), a custodial sentence is a last resort, and if imposed, a reduction of half to two-thirds of the adult sentence may be appropriate, considering emotional and developmental age.
Overarching Guideline on Sentencing Children and Young People
In determining whether custody is necessary, the court must assess the seriousness of the offence, potential future harm, and consider the pre-sentence report. A YRO with ISS should be considered before custody.
Overarching Guideline on Sentencing Children and Young People
The court must explain why a YRO with ISS was not considered appropriate if custody is imposed.
R v ZA [2023] EWCA Crim 596
Outcomes
Leave to appeal against sentence refused for both AJB and ART.
The judge correctly applied the Overarching Guideline, considering the seriousness of the offence, the risk of future harm, and the individual circumstances of each applicant. While not explicitly stating why a YRO with ISS was rejected, the judge's remarks clearly indicated that the severity of the offence warranted detention.