Tallis, R v, Court of Appeal - Criminal Division, October 17, 2018, [2018] EWCA Crim 2481

Resolution Date:October 17, 2018
Issuing Organization:Criminal Division
Actores:Tallis, R v
 
FREE EXCERPT

No: 2018 03496 A1

Neutral Citation Number: [2018] EWCA Crim 2481

IN THE COURT OF APPEAL

CRIMINAL DIVISION

Royal Courts of Justice

Strand

London, WC2A 2LL

Wednesday, 17 October 2018

B e f o r e:

LORD JUSTICE SIMON

MR JUSTICE JULIAN KNOWLES

HIS HONOUR JUDGE WALL QC

- - - - - - - - - - - - - - - - - - - -

R E G I N A

v

STEWART TALLIS

- - - - - - - - - - - - - - - - - - - -

Computer Aided Transcript of the Stenograph Notes of Epiq Europe Ltd 165 Fleet Street, London EC4A 2DY Tel No: 020 7404 1400 Email: rcj@epiqglobal.co.uk (Official Shorthand Writers to the Court)

- - - - - - - - - - - - - - - - - - - -

MR JAMES E COUTTS appeared on behalf of the Appellant

MR GARETH ROBERTS appeared on behalf of the Crown

- - - - - - - - - - - - - - - - - - - -

J U D G M E N TThis transcript is Crown Copyright. It may not be reproduced in whole or in part other than in accordance with relevant licence or with the express consent of the Authority. All rights are reserved.

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.

LORD JUSTICE SIMON:

  1. The provisions of section 45 of the Youth Justice and Criminal Evidence Act 1999 apply in this case to two juvenile defendants whom we will refer to as TW and LR. This anonymity will last until they reach the age of 18.

  2. On 8th June 2018 the appellant, Stewart Tallis, now aged 20, pleaded guilty in the magistrates' court to an offence of assault occasioning actual bodily harm, contrary to section 47 of the Offences Against the Person Act 1861, and was committed for sentence to the Crown Court. The victim of the crime was Daniel Ferguson. On 14th August, in the Crown Court sitting at Chester, he was sentenced by His Honour Judge Thompson to a term of twelve months' youth detention. He appeals against that sentence with the leave of the single judge.

  3. Four others were sentenced, having all pleaded guilty to section 47 assault. In the Crown Court, Nathan Green, aged 18, was sentenced to twelve months' youth detention for the assault and 36 months consecutive for a number of drug offences - a total of four years. Jamie Carter, aged 19, was also sentenced to twelve months' youth detention. He was sentenced in addition to a two month consecutive term for an offence of causing a public nuisance and a further two months' consecutive for breach of a community order - a total of sixteen months. TW and LR were dealt with in the youth court. TW was made the subject of a twelve months' intensive referral order, and LR was made the subject of an eight-month DTO, varied on appeal to a six-month DTO.

  4. Daniel Ferguson was aged 16 and 10 months at the time that the offence was committed. In the early hours of 9th...

To continue reading

REQUEST YOUR TRIAL