Ozzie Cush & Ors v R
[2024] EWCA Crim 1382
R v Dominic Gillett
3 November 2023
[2023] EWCA Crim 1530
Court of Appeal
A man was sentenced to almost five years in prison for his part in a violent riot. He argued his sentence was too long, but the Court of Appeal disagreed, saying the video evidence clearly showed him being very involved in the violence and encouraging others to join in. They said the judge had carefully considered his arguments and the sentence was fair.
Key Facts
- •Dominic Gillett (applicant) pleaded guilty to riot (contrary to section 1(1) of the Public Order Act 1986) following a protest in Bristol on March 21, 2021.
- •The protest, initially peaceful, escalated into violence against police, involving property damage and injuries.
- •CCTV footage showed Gillett actively participating in the violence, including climbing onto a police van, attacking a police station with a bicycle, damaging a police vehicle, and throwing a wheelie bin at an officer.
- •Gillett's basis of plea acknowledged some peaceful actions but disputed the extent of his instigation.
- •The judge sentenced Gillett to four years and eight months' imprisonment.
Legal Principles
Sentencing for riot under the Sentencing Council Guideline for Riot.
Sentencing Council Guideline for Riot
Consideration of basis of plea during sentencing.
Implicit in sentencing process
Assessment of fair disparity in sentences.
R v Fawcett (1983) 5 Cr App R(S) 158
Outcomes
Appeal refused.
The court found the judge's assessment of culpability and sentence to be appropriate, considering the extensive evidence of Gillett's active and persistent participation in the riot, his role in escalating violence, and the significant harm caused. The judge considered the basis of plea and mitigation, and the sentence was not deemed manifestly excessive.