Source: All England Reporter
Publisher Citation: [2008] All ER (D) 164 (Jun)
Court: Court of Appeal, Criminal Division

Hallett LJ, Goldring J and Judge Moss QC

Representation Edward Jenkins QC (assigned by the Registrar of Criminal Appeals) for the defendant.
  Gordon Aspden (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 13 June 2008


Sentence - Custodial sentence - Imprisonment for public protection - Minimum term - Manslaughter - Attempted robbery - Judge finding that defendant had specifically targeted victim - Whether finding justified on evidence - Whether minimum terms manifestly excessive.

The Case

In the instant case, where the defendant had attempted to rob the 87-year-old victim following which the victim had died, the judge had been entitled to conclude on the evidence that the defendant had targeted the victim because he was aware that the victim might have a significant sum of money. The sentence of imprisonment for public protection with a minimum term of 9 years and a concurrent such sentence with a minimum term of 18months in respect of the defendant's conviction for manslaughter and attempted robbery were not manifestly excessive or wrong in principle, but rather were severe sentences which had been merited.

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