Court of Appeal Upholds Custodial Sentences for Young Offenders in Gang-Related GBH Case

Citation: [2023] EWCA Crim 1680
Judgment on

Introduction

In the case of R v ART & Anor: EWCA Crim 1680, the Court of Appeal addressed key legal principles surrounding the sentencing of young offenders, specifically focusing on the application of the Youth Justice and Criminal Evidence Act 1999 and the Sentencing Guideline for causing grievous bodily harm with intent. This article analyses the judgment handed down by the Court of Appeal on 19 December 2023, involving appellants ART and AJB, who were both 17 years old at the time of sentencing.

Key Facts

ART and AJB were part of a group charged with conspiracy to cause grievous bodily harm with intent. The incident was gang-related and involved plans to attack another minor, V2, with knives and machetes. Both ART and AJB entered guilty pleas; ART was sentenced to 3 years and 9 months, while AJB received a 4-year sentence in a young offender institution. The prosecution and sentencing took into account the gang involvement and the potential for serious violence.

The legal principles addressed in this case focused on the sentencing of minors under UK law, considering their age, developmental stage, and prospects for rehabilitation. The court referred to Section 45 of the Youth Justice and Criminal Evidence Act 1999, which provides for anonymity of young persons involved in criminal proceedings, and the Overarching Guideline on Sentencing Children and Young People, which prioritizes rehabilitation over punishment.

Sentencing Guideline for GBH with Intent

In assessing the level of culpability and harm, the sentencing judge followed the Sentencing Guideline for causing grievous bodily harm with intent, placing the offence at the highest category level (level A) for culpability and category 2 for harm, given the intention to cause serious injury or death.

Principle of Last Resort

The Overarching Guideline emphasizes that custody for a young person should be a last resort and that the court should focus on rehabilitation. In applying these guidelines, the judge determined that the seriousness of the offence warranted detention and further noted the absence of previous convictions, the age of the offenders, and their involvement in gang activity.

Youth Justice and Criminal Evidence Act 1999

Applying Section 45 of the Youth Justice and Criminal Evidence Act 1999, the court maintained anonymity protocols for the young persons involved, underlining the need to protect their identities.

Reference to R v ZA [2023] EWCA Crim 596

The court highlighted a recent precedent, R v ZA, which reiterates the distinct approach required when sentencing young offenders. It emphasized that pre-sentence reports and considerations of the young person’s individual circumstances should take precedence over the adult sentencing framework.

Youth Rehabilitation Order with Intensive Supervision and Surveillance (YRO with ISS)

Discussion was given to whether a YRO with ISS might supersede the need for detention, with the sentencing judge ultimately concluding that the offence’s gravity justified immediate custody.

Outcomes

The Court of Appeal, referencing R v ZA, found no error in the sentencing judge’s decision process and affirmed that custody was appropriate given the seriousness of the offence and the risks involved. The appeals were dismissed, and the sentences were upheld as neither manifestly excessive nor wrong in principle.

Conclusion

In conclusion, the Court of Appeal in R v ART & Anor: EWCA Crim 1680 rigorously applied established legal principles pertaining to the sentencing of young offenders. By maintaining focus on the seriousness of the offence, the court underscored the balance between rehabilitating young offenders and protecting the public from serious harm. This case reinforces the distinct considerations necessary in juvenile cases and serves as a touchstone for the sentencing of young offenders involved in severe and premeditated criminal acts.