Ivana Hussain & Another [2019] EWCA Crim 1542

Hussain and O’Leary pleaded guilty to conspiracy to steal and sentenced to 12 month’s imprisonment and detention, respectively. 

The issue on appeal was the correct application of the guideline on the imposition of community and custodial sentences. Both were young, and of previous good character. One had serious mental health issues and was in the middle of a degree course; the other was the sole carer of a young child. 

The appellants planned a staged robbery at the betting shop, with a third co-accused carrying it out.

Held: 

1. where there is evidence the offending is linked to immaturity the principles of youth sentencing will be relevant; 
2. a serious medical condition will not automatically entitle an offender to a lesser sentence but may enable a court, as an act of mercy, to impose such a sentence;
3. the fact a defendant has dependent children is a relevant factor to sentencing;
4. when considering suspension, a balancing exercise is to be carried out, even if a judge considers the only appropriate punishment to be immediate custody he still has a discretion to suspend if there are sufficient factors against such a course;
5. the Court of Appeal will be slow to interfere with an exercise of judgment as to whether or not to suspend where it is clear all relevant considerations have been taken into account.

Hussain’s sentence was quashed and substituted was a term of 8 weeks imprisonment suspended for 12 months. O’Leary’s was replaced with a term of 6 months detention suspended for 12 months.