R v Cortez Watson-Berry
[2024] EWCA Crim 1098
R v Trai Fraser
18 April 2024
[2024] EWCA Crim 421
Court of Appeal
A young man received a 3-year prison sentence for carrying a knife. He argued the judge should have been more lenient because he's young. The appeals court disagreed, saying the judge considered his age but found he was just a typical young man who made bad choices and his record was serious enough to deserve that sentence. They only changed a small mistake about the court fee.
Key Facts
- •Trai Fraser appealed his 36-month sentence (21 months for possessing a bladed article + 15-month activated suspended sentence) for a 2023 bladed article offence.
- •Fraser's extensive criminal history included multiple drug and violent offences, including a conspiracy to steal involving a machete.
- •The appeal focused on the sentencing judge's alleged insufficient consideration of Fraser's youth (22 years old at sentencing) and immaturity.
- •The judge acknowledged Fraser's age but found no evidence of unusual immaturity.
Legal Principles
In sentencing young adults, age can affect maturity and culpability. Factors in guidelines on sentencing children and young persons may be relevant.
R v Daniels (Branden) [2019] EWCA Crim 296, [2019] 4 WLR 52
When considering totality, the court must consider activating suspended sentences.
Sentencing Guidelines
Outcomes
Appeal dismissed.
The court found the judge did not err in principle by considering Fraser's age and maturity but concluding his maturity was typical for his age. The sentence was not manifestly excessive, especially given the extensive criminal history and the seriousness of the offence.
Surcharge quashed and reduced.
The original surcharge of £187 was a mistake and was reduced to the correct amount of £156.