R v Cortez Watson-Berry
[2024] EWCA Crim 1098
R v Caydon Hutchison
3 October 2024
[2024] EWCA Crim 1243
Court of Appeal
A teenager involved in a group attack with a knife got a shorter prison sentence on appeal. The court thought the judge hadn't given enough weight to the good things the teenager had done since the attack and his difficult background, so they reduced his sentence.
Key Facts
- •Caydon Hutchinson pleaded guilty to possessing a bladed instrument and wounding with intent.
- •The incident involved a group attack at a cinema, using fists and a katana-type knife.
- •The victim sustained multiple stab wounds, though not life-threatening.
- •Hutchinson was 17 at the time of the offence and had no prior convictions.
- •Co-accused received sentences of 38 and 48 months' detention.
- •Hutchinson demonstrated positive behavior and rehabilitation efforts after the incident.
Legal Principles
Custodial sentences for young offenders should be a last resort, prioritizing welfare and individual circumstances.
R v ZA [2023] EWCA Crim 596
Sentencing of young offenders should consider their age, maturity, and developmental stage, potentially leading to sentences significantly lower than those for adults.
Sentencing Guidelines for young offenders
Aggravating and mitigating factors must be considered when sentencing.
Sentencing Act 2020
Outcomes
Appeal against sentence allowed.
The judge failed to adequately address substantial mitigating factors related to the appellant's good character, positive rehabilitation efforts, and difficult upbringing, despite acknowledging them. The court considered the mitigating factors balanced the aggravating factors.
Original sentence of 43 months' detention reduced to 3 years' detention.
The court adjusted the sentence to reflect the mitigating factors, concluding that a 3-year sentence was appropriate given Hutchinson's age and the balancing of aggravating and mitigating circumstances. A 10% reduction was applied for the late guilty plea.