| Source: | All England Reporter |
| Publisher Citation: | [2009] All ER (D) 137 (Jun) |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Moore-Bick LJ, Rafferty J and Judge Lorraine Smith (judgment delivered extempore) |
| Representation | Patrick Cosgrove QC (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Julian Smith (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 15 June 2009 |
Catchwords
Sentence - Imprisonment - Length of sentence - Conspiracy to rob - Defendant instigating offence but waiting outside property whilst co-defendants carrying it out - Defendant aware force or threat of force would be used - Co-defendants beating occupier of flat with pieces of wood - Occupier dying from injuries - Co-defendants pleading guilty to or convicted of murder - Judge sentencing defendant to ten years' imprisonment - Whether sentence manifestly excessive.
The Case
Sentence Imprisonment. Court of Appeal, Criminal Division: A sentence of ten years' imprisonment for conspiracy to rob, following a guilty plea at the earliest opportunity, was manifestly excessive having regard to, inter alia, the part which the defendant had played in events. Accordingly, the sentence would be quashed and replaced by one of eight years' custody.
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