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England and Wales Court of Appeal (Criminal Division) Decisions
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Hutchinson, R. v [2024] EWCA Crim 1682 (13 November 2024)
URL: http://www.bailii.org/ew/cases/EWCA/Crim/2024/1682.html
Cite as:
[2024] EWCA Crim 1682
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WARNING: reporting restrictions may apply to the contents transcribed in this document, particularly if the case concerned a sexual offence or involved a child. Reporting restrictions prohibit the publication of the applicable information to the public or any section of the public, in writing, in a broadcast or by means of the internet, including social media. Anyone who receives a copy of this transcript is responsible in law for making sure that applicable restrictions are not breached. A person who breaches a reporting restriction is liable to a fine and/or imprisonment. For guidance on whether reporting restrictions apply, and to what information, ask at the court office or take legal advice.
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Neutral Citation Number: [2024] EWCA Crim 1682 |
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CASE NO 202401580/A1 |
IN THE COURT OF APPEAL
CRIMINAL DIVISION
PRONOUNCEMENT OF DECISION TO REOPEN AN APPLICATION
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Royal Courts of Justice Strand London WC2A 2LL
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13 November 2024 |
B e f o r e :
THE VICE-PRESIDENT OF THE COURT OF APPEAL, CRIMINAL DIVISION
LORD JUSTICE HOLROYDE
MR JUSTICE GARNHAM
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REX
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- v -
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CAYDON HUTCHINSON
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Computer Aided Transcript of Epiq Europe Ltd,
Lower Ground Floor, 46 Chancery Lane, London, WC2A 1JE
Tel No: 020 7404 1400; Email: rcj@epiqglobal.co.uk (Official Shorthand Writers to the Court)
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No attendance by counsel
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HTML VERSION OF PRONOUNCEMENT OF DECISION (APPROVED)
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Crown Copyright ©
- THE VICE-PRESIDENT: I need to pronounce the decision of the court, comprising myself and Garnham J, in the case of Caydon Hutchinson, whose appeal was heard and determined on 3 October 2024.
- It is necessary to reopen the determination in order to correct an error. The court, in allowing the appeal and quashing the sentence imposed below, purported to impose a sentence of three years' detention in a young offender institution. By reason of the appellant's age at the date of his conviction the court had no power to impose that sentence.
- We therefore reopen the determination. We set aside the sentence previously imposed and substitute for it a sentence of three years' detention pursuant to section 250 of the Sentencing Code.
- We direct, pursuant to section 240A of the Criminal Justice Act 2003, that 198 days will count as time served as part of that sentence to reflect the period when the appellant was on bail subject to a qualifying curfew.