Source: All England Reporter
Publisher Citation: [2007] All ER (D) 442 (Oct)
Court: Court of Appeal, Criminal Division
Judge:

Tuckey LJ, Foskett J and Sir Richard Curtis

Representation Alasdair Campbell (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 30 October 2007

Catchwords

Sentence - Custodial sentence - Dangerous offenders - Robbery - Attempted robbery - Defendant sentenced to imprisonment for public protection - Minimum term of three years' imprisonment being imposed - Whether minimum term manifestly excessive.

The Case

A starting point of nine years' imprisonment after trial was manifestly excessive in the case of a defendant who had pleaded guilty to robbery and attempted robbery. In the instant case, a notional determinate sentence of six years' imprisonment after trial would have been appropriate. A discount would be given for the defendant's guilty plea and his lack of previous convictions of any significance, and accordingly, the correct notional determinate period was four years' imprisonment. The minimum term of three years would be reduced to two years.

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