R v Caydon Hutchinson [2024] EWCA Crim 1682

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.This 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.[2024] EWCA Crim 1682Venue Royal Courts of JusticeStrandLondonWC2A 2LLDate Wednesday, 13 November 2024
Before
THE VICE-PRESIDENT OF THE COURT OF APPEAL, CRIMINAL DIVISIONLORD JUSTICE HOLROYDEMR JUSTICE GARNHAM
Between
REXCrownv
Between
CAYDON HUTCHINSON__________Computer Aided Transcript of Epiq Europe Ltd,Lower Ground Floor, 46 Chancery Lane, London, WC2A 1JETel No: 020 7404 1400; Email: rcj@epiqglobal.co.uk (Official Shorthand Writers to the Court)_________No attendance by counsel_________PRONOUNCEMENT OF DECISION
[1]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.[2]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.[3]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.[4]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. Epiq Europe Ltd hereby certify that the above is an accurate and complete record of the proceedings or part thereof. Lower Ground Floor, 46 Chancery Lane, London, WC2A 1JE 5. Tel No: 020 7404 1400 6. Email: rcj@epiqglobal.co.uk