Greene & Ors, R. v

Sentencing for kidnapping is fact-specific. The court must assess the whole course of detention, including its duration and circumstances, violence, planning, group involvement, humiliation, criminal context and the effect on the victim. The factors are non-exhaustive.

A substantial sentence may be justified even where there is no hostage-taking or ransom demand. However, a young offender’s age and capacity to mature must receive distinct weight. An extended sentence may remain appropriate where dangerousness is established, but its custodial term must properly reflect the offender’s youth and individual culpability.

Four appellants appealed sentences imposed at the Crown Court at Isleworth after convictions for kidnapping. The victim was detained for about two hours, humiliated and assaulted by the group following a crime-related dispute. The judge imposed extended sentences after finding each appellant dangerous.

The appeals challenged the custodial starting point, dangerousness findings, allowance for youth and totality. The central issue was whether the sentences were manifestly excessive, particularly for Chayce Greene, who was 18 when the offence was committed and younger than the other appellants.

1. The appeals of Khan, Courtnie Greene and Makumbi were dismissed. Their respective extended sentences were within the judge’s discretion. The judge had presided at trial, carefully assessed the facts and ages of the appellants, and was entitled to find them dangerous.

2. There is no sentencing guideline for kidnapping. The authorities provide general guidance, but every case is fact-specific. The gravity assessment should consider the duration and circumstances of detention, violence, weapons, planning, numbers involved, humiliation, criminal background, the victim’s vulnerability and the effects upon those affected. The factors are non-exhaustive: Attorney General's Reference Nos 92 and 93 of 2014 [2015] 1 Cr App R(S) 44; Attorney General's Reference Nos 102 and 103 of 2014 [2015] 1 Cr App R(S) 55.

3. An eight-year starting point was justified by the planning, group offending, humiliation, violence, criminal context and duration of this kidnapping. The increases imposed for Khan, Courtnie Greene and Makumbi properly reflected their individual aggravating features. The judge was also entitled to impose extended sentences on them.

4. Chayce Greene’s position differed materially because he was 18 at the time of the offence, three years younger than the other appellants. Although he had a leading role in the initial detention, was on bail, and could properly be found dangerous, the judge had not given sufficient distinct weight to his youth. The eight-year custodial term was therefore too long.

5. Chayce Greene’s sentence was quashed and replaced with an extended sentence of ten years, comprising seven years’ detention in a young offender institution and a three-year extended licence period. It was to run consecutively to his March 2017 sentence.

• Court of Appeal (Criminal Division) — By [2018] EWCA Crim 480, dismissed the sentence appeals of Khan, Courtnie Greene and Makumbi, and allowed Chayce Greene’s appeal to the limited extent of reducing his custodial term.
• Crown Court at Isleworth — Following jury convictions for kidnapping, imposed extended sentences on 26 June 2017.