Ben Rowe succeeds in Court of Appeal.
02 May 2023
Ben Rowe has succeeded in an appeal against sentence in the Court of Appeal.
In the Crown Court, Ben's client was one of two defendants who pleaded guilty to an offence of affray. In sentencing, the Judge ordered both defendants to pay compensation to the victims (a father and son) totalling £4,000. The Judge confirmed both in Court, and in writing after the hearing, that the compensation award had been calculated based upon the defendants' means, not upon the actual harm caused.
In his Grounds of Appeal, Ben was able to demonstrate that the Judge had been wrong in law to calculate the compensation on this basis, as it should reflect the harm or damage caused not the means of the person paying. Ben further argued that even if the Judge had calculated the award on the correct basis, then it was far, far too high based on the existing compensation guidelines.
Before the Hearing, the Office of the Court of Appeal required Ben to represent not only his own client, but also the co-defendant as they both pursued a similar issue before the Court.
Ben succeeded on behalf of both Appellants, and the compensation was reduced from £4,000 total to £375 each.
Ben was instructed by Stefan Baard and Dev Jummoodoo of Rosewood Solicitors.