Source: All England Reporter
Publisher Citation: [2007] All ER (D) 283 (Jan)
Neutral Citation: [2006] EWCA Crim 2296
Court: Court of Appeal, Criminal Division
Judge:

Hooper LJ, Davis and Tugendhat JJ

Representation Geoffrey Whelan (instructed by Widdows Mason, Wigan) for the offender.
  Johnathan Laidlaw (instructed by the Treasury Solicitor) for the Attorney General.
Judgment Dates: 18 September 2006

Catchwords

Sentence - Imprisonment - Length of sentence - Robbery - Offender robbing victims and threatening with knife — Judge sentencing offender to ten years' imprisonment — Aggravating features - Whether sentence unduly lenient.

The Case

The sentence of 10 years' imprisonment was unduly lenient in the case of an offender who had used a knife to threaten victims during three robberies. The defendant had had a crack cocaine habit and was committing increasingly serious offences. It was very easy to imagine that, in the instant case, the knife would have been used with fatal or very serious consequences if one of the victims had resisted. It followed that the only proper sentence was imprisonment for public protection. The sentence would be quashed and substituted by a sentence of imprisonment for public protection. The minimum term would be five years' imprisonment, less 127 days spent in custody on remand.

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