R v Hasan Gulzar
[2023] EWCA Crim 630
R v Joshua Gilligan
16 May 2024
[2024] EWCA Crim 618
Court of Appeal
A young man was sent to prison for robbery. He appealed because of serious mental health problems and a traumatic past. The court agreed that the judge hadn't considered these enough and gave him a suspended sentence instead, meaning he won't go to jail unless he commits another crime. They also ordered that he gets help for his mental health.
Key Facts
- •Joshua Gilligan (appellant), aged 20, pleaded guilty to robbery and possession of an offensive weapon.
- •The robbery involved a group of males, one of whom was the appellant, targeting a 16-year-old victim.
- •The appellant used a knuckleduster during the robbery.
- •The appellant had a difficult childhood, diagnosed with autism, ADHD, depression, and anxiety.
- •The appellant had experienced significant trauma, including a violent assault and false imprisonment.
- •The appellant showed remorse and cooperated with the police.
- •The judge initially sentenced the appellant to 18 months' detention.
Legal Principles
Sentencing should consider the offender's age and maturity, but chronological age is not a definitive factor.
R v Green (Jaiden) [2020] EWCA Crim 1709
Sentencing guidelines should be followed, but exceptional circumstances can warrant deviation.
Sentencing Guideline on the Imposition of Community Sentence; Overarching Guidelines on Sentencing Offenders with Mental Developmental Disorders
Outcomes
The appeal was allowed.
The sentencing judge did not give sufficient weight to the appellant's mental health issues, immaturity, and vulnerability, which significantly mitigated his culpability. The court found that a suspended sentence was appropriate given the exceptional circumstances.
The 18-month custodial sentence was substituted with an 18-month suspended sentence and a 15-day rehabilitation activity requirement.
This sentence aimed to address the appellant's rehabilitation and reform while acknowledging the seriousness of the offense and protecting the public.