Source: All England Reporter
Publisher Citation: [2012] All ER (D) 106 (Jun)
Court: Court of Appeal, Criminal Division
Judge:

Lord Judge CJ, Owen and Griffith Williams JJ (judgment delivered extempore)
Representation Ieuan Bennett (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 18 June 2012

Catchwords

Sentence - Imprisonment - Length of sentence - Defendant pleading guilty to conspiracy to burgle and assault occasioning actual bodily harm (conspiracy and ABH offences) - Defendant contesting robbery offence - Defendant being sentenced to five years' imprisonment in relation to the conspiracy and ABH offences - Following trial, being convicted of robbery and being sentenced to six year's imprisonment concurrent to sentence already being served for conspiracy and ABH offences - No deduction made in relation to time spent by defendant on remand - Defendant appealing against sentence - Whether judge failing to take account of robbery sentence in context of sentence imposed for conspiracy and ABH offences - Whether sentence manifestly excessive.

The Case

Sentence Imprisonment. The Court of Appeal, Criminal Division, in dismissing the defendant's appeal against a sentence of six years' imprisonment for robbery in the context of a sentence of five years' imprisonment which had already been imposed in respect of offences of conspiracy to burgle and assault occasioning actual bodily harm, held, inter alia, that the judge had been fully aware of the fact that the defendant was not entitled to credit for time served on remand in relation to the robbery and had taken account of that factor when arriving at his sentencing decision.

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