We represented a 15 year old child who had never been in trouble with the police before, who was charged with an offence of Wounding with Intent (contrary to S.18 of the Offences against the Person Act 1861). The circumstances were that in late 2022 our client was walking home via the local supermarket in the early hours of the morning with two female friends. A drunk male approached the two girls and pushed one of them to the floor. Our client became very upset at seeing this and decided to follow the complainant. Sometime later the complainant was found with life-changing injuries after being hit over the head several times with a weapon. Our client was later identified by CCTV footage and DNA which was found on a jacket belonging to the complainant which he had hidden in his room behind a wall.
He was represented throughout the court proceedings at Leeds Youth Court by Patricia Walker, who instructed a Child and Adolescent Psychiatrist who was able to identify that our client – a care experienced child – had developmental issues following a catalogue of significant early childhood trauma which had affected his thinking and behaviour at the time of the assault. The Youth Court’s powers were to sentence to either a Detention and Training Order, a Referral Order or to commit the case to the Crown Court for sentence. In mitigation, she reminded the court of the Sentencing Children and Young People Definitive Guideline and in particular, its duty to have regard to the welfare of the child when considering imposing a custodial sentence (s.44 Children’s and Young Person Act 1933). Whilst the offence did pass the custody threshold, such a sentence should only be imposed as a last resort.
The court accepted that our client showed great remorse for his part in the assault and that he had made significant progress addressing his mental health issues and alcohol abuse during the last two years, reducing risk to both himself and the public. The court imposed a Referral Order for a period of 11 months.
The client was represented by Patricia Walker.
