Bell, R. v [2018] EWCA Crim 1759 (22 May 2018)

Bell, R. v [2018] EWCA Crim 1759 (22 May 2018)

The original suspended sentence of two years was unduly lenient given the seriousness of the attempted robbery with a knife, the aggravating factors of previous convictions and offending on bail, and insufficient weight given to the Sentencing Council Guidelines. The appropriate sentence, after credit for plea and time served, was 2 years and 10 months' immediate custody.

Citation
[2018] EWCA Crim 1759
Parties
Prosecution: Regina; Offender: Alexander Bell
Jurisdiction
England and Wales
Judgment Date
22 May 2018
Procedural Posture
Criminal Appeal (attorney General's Reference) / Court of Appeal Judgment on Reference for Unduly Lenient Sentence
Outcome
Sentence on count 1 (attempted robbery) quashed and substituted with 2 years and 10 months' immediate custody; other sentences unaffected.
Legal Topics
Sentencing, Robbery, Possession of Offensive Weapon, Unduly Lenient Sentence, Mitigation, Mental Health in Sentencing
Criminal Law Sentencing Robbery Possession of Offensive Weapon Unduly Lenient Sentence Mitigation Mental Health in Sentencing

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Parties

Regina

Prosecution

Alexander Bell

Offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Court of Appeal Judgment on Reference for Unduly Lenient Sentence

Legal Issues

  1. 1 Whether the sentence imposed for attempted robbery and related offences was unduly lenient
  2. 2 Proper application of Sentencing Council Guidelines for robbery
  3. 3 Impact of mental health and learning difficulties on sentencing

Ratio Decidendi

The original suspended sentence of two years was unduly lenient given the seriousness of the attempted robbery with a knife, the aggravating factors of previous convictions and offending on bail, and insufficient weight given to the Sentencing Council Guidelines. The appropriate sentence, after credit for plea and time served, was 2 years and 10 months' immediate custody.

Court Disposition

Sentence on count 1 (attempted robbery) quashed and substituted with 2 years and 10 months' immediate custody; other sentences unaffected.

Orders

  • Quash suspended sentence on count 1 and substitute 2 years 10 months' immediate custody
  • Other sentences to remain unaffected