Ratio Decidendi
Context is important in sentencing. Offences committed during widespread public disorder can properly attract sentences above the normal range. The courts may take into account the context of serious public disorder as a seriously aggravating feature.
Fakty
Multiple defendants were sentenced for offences committed during the August 2011 riots in England. They appealed their sentences as excessive, arguing they were being sentenced for the riots generally rather than their individual conduct.
Podsumowanie orzeczenia
The Court of Appeal held that sentencing judges were entitled to treat the fact that offences were committed in the context of serious public disorder as a significant aggravating factor. The deterrent element of sentencing was particularly relevant in such circumstances.
Kluczowe cytaty
"Those who deliberately participate in disturbances of this magnitude, causing injury and damage and fear, must expect sentences well beyond the normal bracket."
— Lord Judge CJ
Późniejsze zastosowanie
Applied in subsequent cases of disorder and cited in Sentencing Council guidance on public disorder offences.