Source: All England Reporter
Publisher Citation: [2002] All ER (D) 35 (Dec)
Court: Court of Appeal, Criminal Division
Judge:

Tuckey LJ, Douglas Brown J and Judge Gordon

Representation Martin Elwin (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 4 December 2002

Catchwords

Sentencing - Custodial sentence - Sentencing principles - Young offender.

The Case

In a case in which a defendant crossed a relevant age threshold between the date of the commission of an offence and the date of conviction, the starting point was the sentence that the defendant would have been likely to receive if he had been sentenced at the date of the commission of the offence. In the instant case a detention and training order that had been imposed upon the defendant was wrong in principle because the defendant was aged 14 at the date of the commission of the offence.

If you are a LexisLibrary subscriber you can read more about this case here.