H, R. v (Rev 4)

THE LORD CHIEF JUSTICE OF ENGLAND AND WALES MR JUSTICE ROYCE and MRS JUSTICE MACUR DBE ____________________

A Howarth for H (1) D Callan for Ferris (2) J Vakil for W (3) P Mason for P Walker (4) A Rafati for Dan (5) A Metzer for S (6) G Cooke for Robertson (7) J Warrington for Preston aka Khannon) (8) J Price QC for the Crown Hearing dates: (1-6) 11th October 2011 (7 and 8) 13th October 2011 ____________________

In context, this observation was unsurprising. There was good evidence against the appellant some years before he was eventually prosecuted. In any event he was very young at the time when the offences were committed. The appropriate sentence was 12 months' imprisonment. Accordingly his appeal against sentence was allowed.

These are "powerful factors", not determinative, and the judgment underlined that the matter was to be "looked at in the round", with particular reference to the reasons for the delay, and whether the defendants were responsible for it. This was a bold attempt to reconcile Cuddington and Dashwood as properly understood.