Key Facts
- •Appellant (born 9 February 2006) pleaded guilty to two counts of robbery and one count of section 20 wounding.
- •Offences committed on 27 August 2021 when appellant was 15.
- •Sentenced on 5 September 2022 to 27 months' detention (counts 1 & 2 concurrent with count 4).
- •Count 4 (section 20 wounding) was the lead count at sentencing.
- •Appeal concerned the lawfulness of the sentence on count 4.
Legal Principles
Section 249 of the Sentencing Act 2020 dictates when a sentence of detention under section 250 is available for offenders under 18.
Sentencing Act 2020
A sentence of detention under section 250 is only permissible for offences listed in the table within section 249.
Sentencing Act 2020
Section 20 wounding (count 4) does not qualify for detention under section 250.
Sentencing Act 2020 and Offences against the Person Act 1861
Robbery (counts 1 & 2) does qualify for detention under section 250.
Sentencing Act 2020 and Theft Act 1968
Following R v Carol [2004] EWCA Crim 1367, where detention is available for some but not all offences, the court should sentence under the available section and apply 'no separate penalty' to the others.
R v Carol [2004] EWCA Crim 1367
Outcomes
Appeal allowed in part.
Sentence on count 4 (section 20 wounding) quashed due to it not qualifying for detention under section 250 of the Sentencing Act 2020. 'No separate penalty' imposed for count 4.
27-month detention sentence for counts 1 and 2 (robbery) upheld.
These offences qualified for detention under section 250 and the sentences were to run concurrently.
Count 3 (wounding with intent) ordered to lie on the file.
Not proceeded with.