Source: All England Reporter
Publisher Citation: [2008] All ER (D) 38 (May)
Court: Court of Appeal, Criminal Division
Judge:

Gage LJ, David Steel and Stadlen JJ
Representation Ian Henderson (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 2 May 2008

Catchwords

Sentence - Custodial sentence - Dangerous offenders - Robbery - Having an imitation firearm with intent to commit indictable offence - Imprisonment for public protection - Minimum term of four years specified - Whether minimum term manifestly excessive.

The Case

The defendant's appeal, inter alia, against a minimum term of four years from a starting point of 12 years, imposed following his plea of guilty of robbery, would be allowed. In the instant case, the fact that the defendant had two convictions for robbery, and the offence had been pre-meditated and persistent, brought the case above the range of sentence for a level two offence, though not as high as 12 years. In all the circumstances, the appropriate starting point was 10 years. The minimum term of four years would be quashed and, taking account of the guilty plea, it would be substituted by a minimum term of three-and-a-half years, less time spent in custody on remand.

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