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IN THE COURT OF APPEAL CRIMINAL DIVISION PRONOUNCEMENT OF DECISION TO REOPEN AN APPLICATION CASE NO 202401580/A1 [2024] EWCA Crim 1682 |
Royal Courts of Justice
Strand
London
WC2A 2LL
Before:
THE VICE-PRESIDENT OF THE COURT OF APPEAL, CRIMINAL DIVISION
LORD JUSTICE HOLROYDE
MR JUSTICE GARNHAM
REX
v
CAYDON HUTCHINSON
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_________
No attendance by counsel
_________
PRONOUNCEMENT OF DECISION
(Approved)
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.
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