Case Summary - R V ZA [2023] EWCA Crim 596

Facts

The appellant was tried on an indictment containing charges of conspiracy to steal, conspiracy to rob, possession of a bladed article, murder, and manslaughter. 

He pleaded guilty to possessing a bladed article and, at the end of the prosecution case, was re-arraigned and pleaded guilty to conspiracy to steal. Following the trial, he was convicted by a jury of conspiracy to rob but acquitted of murder and manslaughter.

The appellant was 15 at the time of the offences and 16 when sentenced. He was tried with several others, including adult offenders. He was sentenced to five years’ detention and appealed his sentence.

Legal principles

Sentencing is not easy and is even more difficult when concerning young offenders. The Overarching Youth Guidance states that when sentencing children or young people, a court must have regard for the aim of the youth justice system to prevent offending by children and young people and concern for their welfare. This has more to do with education, promoting integration, and providing opportunities for learning and change than with punishment or retribution, and a custodial sentence should always be a last resort.

The Youth Robbery Guidelines, which should be read alongside the Overarching Youth Guidelines, adopt a stepped approach to sentencing a child or young person for robbery. 

Decision

The Court of Appeal held that as the sentencing judge was not referred to the Youth Robbery Guideline, she had not gone through the steps advocated and did not indicate what factors she regarded in determining the seriousness of the offending. 

Key aspects of the appellant and his offending should have been considered under the Youth Robbery Guidance, particularly when assessing the offence’s seriousness. 

Significance

The Court of Appeal’s decision is a good reminder of the importance for the sentencing judge and legal representatives involved in criminal matters involving young offenders to consider both the Overarching Youth Guidance and the Youth Robbery Guidance.

The Court stated that the case raised lessons to be learned when sentencing children and young people, especially when tried with older co-accused. It suggested the following checklist for complex and difficult sentencing:

• Court listings should ensure sufficient time for the judge to read and consider all reports and prepare sentencing remarks in age-appropriate language.
• Consideration should be given to prioritising and listing separately the sentencing of any children or young person jointly convicted with adult co-defendants.
• The courtroom should be set up and arranged to ensure the child or young person is treated appropriately as a vulnerable defendant entitled to proper support.
• Counsel should submit full sentencing notes identifying all relevant Sentencing Council Guidelines, particularly youth-specific ones, and address material considerations individually for each defendant.  
• Courts should consider the contents of the Youth Justice Service pre-sentence report and any medical, psychiatric, or psychological reports as key alongside any youth-specific guidelines.
• If the court deems the offence serious enough to pass the custody threshold, it must consider whether a youth rehabilitation order with intensive supervision and surveillance can be imposed instead. If it cannot, the court must explain why.