R v Daniel Plackett
[2024] EWCA Crim 1205
R v Duane Walker
20 June 2024
[2024] EWCA Crim 772
Court of Appeal
A man was part of a group that attacked two people at a pub. He admitted to throwing punches but denied causing any injuries. The judge ordered him to pay compensation to both victims. The appeal court overturned this decision, saying there wasn't enough evidence to prove he caused any of the injuries. They stated that to make someone pay compensation, you need to show they directly caused the harm.
Key Facts
- •Duane Walker pleaded guilty to affray (Public Order Act 1986, s.3(1)).
- •He was sentenced to a community order, including unpaid work, and compensation orders of £100 to Dale Kennerley and £1000 to Jack Williams.
- •Co-accused Kai Dodd received 12 months imprisonment for affray and assault.
- •The incident involved a group attack at a pub, captured on CCTV.
- •Walker's basis of plea was that he didn't instigate the violence, attempted to break up the fight, and threw three punches.
- •Walker denied causing any injuries; no victim impact statements were provided.
- •Walker had a significant criminal record (21 convictions for 94 offences).
Legal Principles
Compensation orders require a causal link between the offender's actions and the victim's injuries. Strict causation rules from tort and contract don't apply, but evidence of causation is necessary.
R v Stafford (Roy) Derby (1990) 12 Cr App R(S) 502
Section 133 of the Sentencing Act 2020 allows for compensation orders for personal injury, loss, or damage resulting from the offence or any other offence considered during sentencing.
Sentencing Act 2020, sections 133 and 134
When considering compensation orders, the court must consider the offender's means and ability to pay.
Sentencing Council Guideline on Compensation (paragraph 5 and 9)
Outcomes
The appeal against the compensation orders was allowed.
The court found no causal link between Walker's actions (as per his accepted basis of plea) and Jack Williams' injuries. Regarding Dale Kennerley, while Walker participated in the affray, his basis of plea was that his actions did not cause injuries. Therefore, the compensation orders were deemed inappropriate and manifestly excessive.