R v Blackshaw (Riots Cases)
[2011] EWCA Crim 2312
Independent editorial summary — not the official judgment. Read the full judgment via the source link.
Ratio Decidendi
Context is important in sentencing. Offences committed during widespread public disorder can properly attract sentences above the normal range. The courts may take into account the context of serious public disorder as a seriously aggravating feature.
Facts
Multiple defendants were sentenced for offences committed during the August 2011 riots in England. They appealed their sentences as excessive, arguing they were being sentenced for the riots generally rather than their individual conduct.
Judgment Summary
The Court of Appeal held that sentencing judges were entitled to treat the fact that offences were committed in the context of serious public disorder as a significant aggravating factor. The deterrent element of sentencing was particularly relevant in such circumstances.
Key Quotes
"Those who deliberately participate in disturbances of this magnitude, causing injury and damage and fear to even the most stout-hearted of citizens, and who individually commit further crimes during the course of the riots are committing aggravated crimes. They must be punished accordingly, and the sentences should be designed to deter others from similar criminal activity."
— Lord Judge CJ at [4](verbatim, verified against the judgment)
Subsequent Treatment
Applied in subsequent cases of disorder and cited in Sentencing Council guidance on public disorder offences.
What To Do Next
Get Professional Help