R v Dylan Davies
[2023] EWCA Crim 1215
Sentencing guidelines for assault occasioning actual bodily harm.
Sentencing Council assault guideline
Considerations for suspending sentences, including the prospect of rehabilitation and strong personal mitigation.
Sentencing Council definitive guidelines on the imposition of community and custodial sentences
The age of the offender is a material factor in sentencing, particularly for young adults who may be more susceptible to peer pressure and impulsive behaviour.
R v Arie Ali [2023] EWCA Crim 232 and Attorney General reference case of Clarke [2018], EWCA Crim 185
The appeal was allowed.
The court found the 13-month sentence manifestly excessive given the appellant's age, mitigating circumstances, and the relatively similar roles of the defendants. The age difference was a material factor warranting a lesser sentence.
The 13-month sentence was quashed.
The court considered the appellant's age (19 at the time of the offence) and the delay in the case's conclusion to be significant mitigating factors not fully considered in the initial sentencing. The court also considered the conditions in custody.
A 10-month determinate sentence was imposed.
This sentence reflects the court's assessment of the appellant's culpability, considering his mitigating circumstances, while still recognizing the serious nature of the offence.