Source: All England Reporter
Publisher Citation: [2008] All ER (D) 181 (Jun)
Court: Court of Appeal, Criminal Division

Scott Baker LJ, Burnett J and Judge Roberts QC

Representation David Chigey (instructed by Bobbetts Macken, Bristol) for the offender.
  Crispin Aylett (instructed by the Treasury Solicitor) for the Attorney General.
Judgment Dates: 16 June 2008


Sentence - Sentencing - Attempted robbery - Offender attempting to rob victim of bank card at cash machine - Non-custodial sentence - Aggravating factors - Whether sentence unduly lenient.

The Case

In an appeal by the Attorney General against a community order imposed on an offender who had pleaded guilty to attempted robbery of a bank card, the sentence was held to be unduly lenient. In the instant case the correct starting point was three years' detention. The aggravating factors would have required a greater starting point. In all the circumstances, the right sentence, following a guilty plea, was three years' detention. Making allowance for double jeopardy, in particular, bearing in mind that a non-custodial sentence had been passed, part of which had already been served, the appropriate sentence was one of two years' detention.

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