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Man freed after appealing riot sentence Man freed after appealing summer riots sentence
(32 minutes later)
Dylan Willis will be released immediatelyDylan Willis will be released immediately
An 18-year-old man jailed for smashing a restaurant window during the summer riots is to be freed after successfully appealing his sentence.An 18-year-old man jailed for smashing a restaurant window during the summer riots is to be freed after successfully appealing his sentence.
Dylan Willis, 18, who admitted violent disorder after repeatedly smashing a Middlesbrough restaurant window with a brick, had his 14 month sentence suspended for two years by Court of Appeal judges.Dylan Willis, 18, who admitted violent disorder after repeatedly smashing a Middlesbrough restaurant window with a brick, had his 14 month sentence suspended for two years by Court of Appeal judges.
The panel of three senior judges said Willis' complex developmental and mental health background should have been taken into account.The panel of three senior judges said Willis' complex developmental and mental health background should have been taken into account.
Appeals on behalf of three other men - part of the first attempts to challenge riot sentences - failed to have their sentences cut.Appeals on behalf of three other men - part of the first attempts to challenge riot sentences - failed to have their sentences cut.
Willis, from Hartlepool, will now be freed immediately. Willis, from Hartlepool, will now be freed immediately from his young offenders' institute.
The panel of three senior judges said Willis' health meant he should have received a suspended sentence. The panel of three senior judges said Willis' health meant he should have received a suspended sentence, with up to 40 days of rehabilitation activity.
The teenager, watching via a video link from HMP Holme House, appeared emotional as it was confirmed he would be freed.The teenager, watching via a video link from HMP Holme House, appeared emotional as it was confirmed he would be freed.
The judges said that they had reached the “difficult decision” of changing his term to a suspended sentence because of his specific background.The judges said that they had reached the “difficult decision” of changing his term to a suspended sentence because of his specific background.
Mr Justice Bennathan said that there had been clear evidence that Willis had ADHD and a low IQ.Mr Justice Bennathan said that there had been clear evidence that Willis had ADHD and a low IQ.
These factors, as well as his autism spectrum disorder, had all affected his decision making, he said.These factors, as well as his autism spectrum disorder, had all affected his decision making, he said.
Paul Williams, Ozzie Cush and Aminadab Temesgen (l-r) did not heave the length of their sentences changed
'Sentences should be designed to deter''Sentences should be designed to deter'
The Court of Appeal said it would not alter the length of the sentences of three other men, saying they had been appropriate.The Court of Appeal said it would not alter the length of the sentences of three other men, saying they had been appropriate.
Paul Williams, 45, remains in jail serving a two year and two month sentence.Paul Williams, 45, remains in jail serving a two year and two month sentence.
He was jailed in August when he threw metal fencing and a can of beer at police after goading officers during rioting in Sunderland on 2 August.He was jailed in August when he threw metal fencing and a can of beer at police after goading officers during rioting in Sunderland on 2 August.
Ozzie Cush, 20, from Reading, will continue to serve a 10 month sentence after he assaulted an emergency worker after kicking a police officer during a central London protest.Ozzie Cush, 20, from Reading, will continue to serve a 10 month sentence after he assaulted an emergency worker after kicking a police officer during a central London protest.
Meanwhile, the Court of Appeal changed Aminadab Temesgen's sentence from one in prison to one in a Young Offenders' Institution due to an error in how he had been originally sentenced. It remains the same length at 14 months. Meanwhile, the Court of Appeal changed Aminadab Temesgen's sentence from one in prison to one in a Young Offenders' Institution due to his age. It remains the same length at 14 months.
Dame Sue Carr, the Lady Chief Justice, said that offenders who threatened the safety and wellbeing of communities by taking part in the nationwide rioting had to expect severe sentences that would not only punish them but deter others. Dame Sue Carr, the Lady Chief Justice, said the disorder earlier this year was "fuelled by misinformation and far right sentiment, spreading to various towns and cities across the nation”.
“There is an overwhelming obligation on sentencing courts to do what they can to ensure the protection of the public, whether in their homes or in their businesses or in the street and to protect the homes and businesses and the streets in which they live and work,” she said. She added that while offenders had to be sentenced for their individual crimes, the courts must also look at the bigger picture and the effect their actions has on spreading fear among the public.
“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," she said.
“They must be punished accordingly, and the sentences should be designed to deter others from similar criminal activity.” Earlier on Thursday, Alex Granville, representing Cush, said there was "significant mitigation for each appellant and significant circumstances", which may have not been properly considered.
She added that while offenders had to be sentenced for their individual crimes, the courts must also look at the bigger picture and the effect their actions has on speading fear among the public. He also told the court an immediate prison sentence is not the only way to deter potential offenders.
Duncan Atkinson KC, for the Crown Prosecution Service (CPS), told the court that each of the sentencing judges took the correct approach.