Key Facts
- •Daniel Kovalkov, born August 6, 2005, pleaded guilty to four offences at age 16.
- •Offences included drug supply (Class A and B) and two counts of affray.
- •Sentenced to 30 months detention (cocaine supply), 12 months concurrent (cannabis), 12 months consecutive (affray), and 8 months concurrent (affray).
- •Appeal based on insufficient consideration of age and circumstances, and Part 10 of the Sentencing Act 2020.
- •R v ZA [2023] EWCA Crim 596, handed down after sentencing, highlighted inadequacies in the sentencing judge's approach.
- •Pre-sentence report recommended a YRO but not a YRO with ISS.
- •Kovalkov was found to be a victim of modern-day slavery, potentially relevant to sentencing.
- •Kovalkov's solicitor stated he did not want the modern slavery aspect explored at the sentencing hearing.
Legal Principles
Custodial sentences for children and young people should be a measure of last resort.
Sentencing Children and Young People Guidelines, paragraph 6.42
If the custody threshold is crossed for a child or young person, the court must consider a YRO with ISS before imposing a custodial sentence. If a YRO with ISS cannot be imposed, the court must explain why.
R v ZA [2023] EWCA Crim 596, paragraph 82(7)
Outcomes
Appeal adjourned pending further information.
The court lacked sufficient information to determine the appropriate sentence. The sentencing judge did not adequately consider Kovalkov's age, circumstances, and the relevant guidelines, particularly in light of R v ZA. Information regarding the modern slavery finding is also needed.
Addendum to pre-sentence report ordered.
To provide the court with information on adult sentencing options equivalent to a YRO with ISS, and details of the modern slavery finding and its relevance to the case.