CRIMINAL DIVISION
The Strand London WC2A 2LL |
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B e f o r e :
MR JUSTICE CAVANAGH
HER HONOUR JUDGE NORTON
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REX | ||
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NAH'SHUN THOMAS |
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Lower Ground, 46 Chancery Lane, London WC2A 1JE
Tel no 020 7404 1400, Email rcj@epiqglobal.co.uk
(Official Shorthand Writers to the Court)
The Crown were not represented.
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Crown Copyright ©
MR JUSTICE CAVANAGH:
The Facts
Sentencing Remarks
Grounds of Appeal
Discussion and Conclusions
"28 As for age, paragraph 1.5 of the Sentencing Council Guideline for Sentencing Children and Young People reads:' ... Children and young people are not fully developed and they have not attained full maturity. As such, this can impact on their decision making and risk-taking behaviour. It is important to consider the extent to which the child or young person has been acting impulsively and whether their conduct has been affected by inexperience, emotional volatility or negative influences. They may not fully appreciate the effect their actions can have on other people and may not be capable of fully understanding the distress and pain they cause to the victims of their crimes. Children and young people are also likely to be susceptible to peer pressure and other external influences and changes taking place during adolescence can lead to experimentation, resulting in criminal behaviour. When considering a child or young person's age their emotional and developmental age is of at least equal importance to their chronological age (if not greater).'
'Reaching the age of 18 has many legal consequences, but it does not present a cliff edge for the purposes of sentencing. So much has long been clear. The discussion in R v Peters [2005] EWCA Crim 605, [2005] 2 Cr App R(S) 101 is an example of its application: see paras [10]-[12]. Full maturity and all the attributes of adulthood are not magically conferred on young people on their 18th birthdays. Experience of life reflected in scientific research (e.g. The Age of Adolescence: ... 17 January 2018) is that young people continue to mature, albeit at different rates, for some time beyond their 18th birthdays. The youth and maturity of an offender will be factors that inform any sentencing decision, even if an offender has passed his or her 18th birthday. ... '
'It has been recognised for some time that the brains of young people are still developing up to the age of 25, particularly in the areas of the frontal cortex and hippocampus. These areas are the seat of emotional control, restraint, awareness of risk and the ability to appreciate the consequences of one's own and others' actions; in short, the processes of thought engaged in by, and the hallmark of, mature and responsible adults. It is also known that adverse childhood experiences, educational difficulties and mental health issues negatively affect the development of those adult thought processes. ... '
'Therefore although the normal starting point is governed by the defendant's age, when assessing his culpability, the sentencing judge should reflect on and make allowances, as appropriate upwards or downwards, for the level of the offender's maturity.'