R v KK
[2023] EWCA Crim 230
R v Dylan Davies
22 September 2023
[2023] EWCA Crim 1215
Court of Appeal
A teenager was given a long sentence for stabbing someone. The appeal court said the judge made a mistake in how he decided on the sentence because the teen was much younger when he committed the crime. They reduced the sentence, meaning he went free immediately because he'd already served most of it.
Key Facts
- •Dylan Davies (appellant), aged 18 at sentencing, convicted of wounding (s.20 Offences Against the Person Act 1861) and affray (s.3(1) Public Order Act 1986).
- •Offences committed on March 2, 2019, when appellant was 14.
- •Appellant received 2 years' detention in a young offender institution (concurrent sentences).
- •Appellant had one previous caution (battery) from 2017.
- •Victim, Mr. De Gelas, suffered life-threatening stab wounds.
- •Judge categorized appellant as a 'persistent offender' despite limited prior record, using the appellant's actions on the night of the offence to support this classification.
Legal Principles
Sentencing of children and young people should consider the maximum sentence available at the time of the offence.
Guideline on Sentencing Children and Young People, paragraphs 6.1-6.3
A child or young person with only one previous offence cannot reasonably be classified as a 'persistent offender'.
Guideline on Sentencing Children and Young People, paragraph 6.6; R v M [2008] EWCA Crim 3329
A series of separate, comparable offences over a short time may justify 'persistent offender' classification, even without prior convictions.
Guideline on Sentencing Children and Young People, paragraph 6.8
Outcomes
Appeal allowed; sentence quashed.
The judge wrongly classified the appellant as a 'persistent offender'. The two offences stemmed from a single incident, not a series of separate offences. The Guideline requires consideration of the sentence available at the time of the offence (when the appellant was 14).
Sentence substituted with 5 months' detention in a young offender institution (concurrent).
Given the time already served, imposing a further community order was deemed impractical. This shorter sentence allows for immediate unconditional release.