Rex vs Joshua Gilligan
[2024] EWCA Crim 618Appeal against an 18-month detention sentence for robbery and possession of an offensive weapon.
Affected practitioners:
Criminal Law Practitioners Mental Health Advocates Legal Professionals Dealing With Young OffendersThis case involved an appeal by Joshua Gilligan against an 18-month detention sentence for robbery and possession of an offensive weapon, with significant consideration given to his mental health issues.
TLDR:
- Joshua Gilligan appealed against an 18-month detention sentence.
- The Court of Appeal considered his mental health issues and vulnerability.
- The sentence was substituted with a suspended sentence and rehabilitation requirements.
On 2 February 2024, Joshua Gilligan, aged 20, pleaded guilty to robbery and possession of an offensive weapon and was sentenced to 18 months' detention. The victim, aged 16, was robbed by a group of males, including Gilligan, who used a knuckleduster to intimidate the victim and steal his mobile phone.
Gilligan admitted to the offence during police interviews, stating he was trying to impress a group of males. He expressed remorse for his actions and acknowledged the impact on the victim, who suffered lasting psychological effects.
The sentencing judge considered various mitigating factors, including Gilligan's lack of previous convictions, remorse, and documented mental health issues such as autism and ADHD. Despite these factors, the judge imposed an immediate custodial sentence.
On appeal, the Court of Appeal reviewed the case, focusing on Gilligan's mental health issues and vulnerability. The court agreed that the original sentence did not adequately account for these factors and the potential for rehabilitation.
The Court of Appeal concluded that an immediate custodial sentence was wrong in principle. The sentence was substituted with an 18-month custodial sentence suspended for 2 years, along with a 15-day rehabilitation activity requirement.
The court emphasized the importance of addressing the appellant's mental health issues to facilitate rehabilitation and prevent reoffending.
Legal representatives: Mr. L Stewart for the appellant.
Judicial Panel: Lady Justice Macur, Mrs. Justice Yip, Mrs. Justice Hill
Case Citation Reference: [2024] EWCA Crim 618