Matus Horvath [2019] EWCA Crim 1795

The appellant pleaded guilty to robbery and was sentenced to 2 years’ detention. The complainant, aged 15, was confronted by the appellant and two others. During the robbery, he was threatened with a replica knife that was said to be very realistic, and numerous items were taken from him.

The appellant was aged 17 at the time of the offence and appealed on the ground that the sentence should have reflected the sentence that would have been passed if he had been sentenced at the time of the offence.

Held: the authority of Clarke and Ghafoor were not drawn to the sentencing judge’s attention. A sentence of 16 months’ detention was substituted.