R v Reece Singh-Digwa
[2024] EWCA Crim 232
R v Ishmale Hanson
10 February 2023
[2023] EWCA Crim 203
Court of Appeal
A teenager was given a life sentence for robbery. A court decided that wasn't fair because he was young and might change. They gave him a very long prison sentence instead, but not a life sentence.
Key Facts
- •Ishmale Hanson, born September 19, 1991, was sentenced to detention for public protection (DPP) on September 24, 2007, for five robberies committed in May 2007 when he was 15 years, 8 months old.
- •The robberies involved threats, implied weapons (gun, knife), and theft of personal belongings and cash.
- •Hanson had a significant prior record of 25 convictions (mostly theft and violence) before the age of 16, including previous custodial sentences.
- •A pre-sentence report indicated a high public risk but also noted potential for change with intervention.
- •Sentencing guidelines for robbery and young offenders were not available at the time of sentencing.
Legal Principles
When sentencing under-18s, courts must consider the youth justice system's aim (preventing offending, child welfare).
Sections 37 of the Crime and Disorder Act 1998 and section 44 of the Children and Young Persons Act 1933
Dangerousness test (section 229, Criminal Justice Act 2003): Significant risk to the public of serious harm from further specified offences.
Section 229, Criminal Justice Act 2003
Sentencing for dangerous young offenders: DPP if extended sentence (section 228) is inadequate for public protection (section 226(3)).
Sections 226(3), 228, Criminal Justice Act 2003
When assessing risk in young offenders, consider their potential for change and development.
R v Lang [2006] 2 Cr.App.R (S) 3 at [17]
Extended sentences should be preferred over indeterminate sentences if adequate for public protection.
Attorney General's Reference No 55 of 2008 (R v C) [2009] 2 Cr.App.R (S) 22 at [20]
Outcomes
Appeal allowed; DPP sentences quashed.
The judge didn't adequately consider Hanson's youth and potential for change when deciding an extended sentence wouldn't suffice for public protection. There was insufficient basis to justify an indeterminate sentence.
Extended sentence substituted: 5 years, 6 months (3 years, 6 months custody; 2 years extended licence).
This sentence provides substantial custody and post-release supervision, while acknowledging the possibility of rehabilitation given Hanson's age at the time of the offences.