Successful appeal against YHO and Parenting Order for 14 year old
Our youth client was convicted of Theft, Robbery, and Burglary, after pleading guilty at the Youth Court.
At the time of pleading guilty, the defendant was the subject of a 4-month referral order. At the Youth Court, the defendant was made the subject of a 9-month Youth Rehabilitation Order, with a 9-month supervision requirement, a tagged curfew and an activity requirement of 10 days. The Court simultaneously imposed a 9-month Parenting Order on the defendant’s mother.
On appeal, it was successfully submitted to the Court that the Youth Court had failed to take into account the fact that the Theft and Robbery offences pre-dated the offence for which he received the 4-month Referral order, while all three offences pre-dated the start of the referral order. It was further submitted that this exceeded the severity of the sentence for the defendant’s adult co-defendants.
It was further submitted that the Parenting Order was manifestly excessive and unjust in the circumstances: the order had not been requested by the Prosecution, and it deviated from standard practice where both parents were engaged voluntarily.
At the Crown Court, the Youth Rehabilitation Order was quashed with all the requirements including supervision, unpaid work and curfew. It was held that the appropriate sentence was an 8-month extension to the original Referral Order. Furthermore, the Court also quashed the Parenting Order.