Ward, R. v [2018] EWCA Crim 1985 (22 June 2018)

Ward, R. v [2018] EWCA Crim 1985 (22 June 2018)

The Recorder applied the wrong sentencing guideline by using the street robbery guideline instead of the dwelling robbery guideline. The offending, including the grievous bodily harm and attempted robbery, properly fell within the dwelling robbery guideline, category 2A, with aggravating factors justifying a sentence at the top of the range. The reduction from the starting point was unexplained and unjustified. The appropriate sentence, after full credit for the guilty plea, is 6 years and 8 months' imprisonment for count 2.

Citation
[2018] EWCA Crim 1985
Parties
Prosecution: Regina; Offender: Bernie Ward
Jurisdiction
England and Wales
Judgment Date
22 June 2018
Procedural Posture
Criminal Appeal (attorney General's Reference) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentence increased
Legal Topics
Sentencing, Grievous Bodily Harm, Attempted Robbery, Attorney General's Reference, Unduly Lenient Sentence
Criminal Law Sentencing Grievous Bodily Harm Attempted Robbery Attorney General's Reference Unduly Lenient Sentence

Case Brief

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Parties

Regina

Prosecution

Bernie Ward

Offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed for attempted robbery and grievous bodily harm was unduly lenient
  2. 2 Whether the correct sentencing guideline was applied

Ratio Decidendi

The Recorder applied the wrong sentencing guideline by using the street robbery guideline instead of the dwelling robbery guideline. The offending, including the grievous bodily harm and attempted robbery, properly fell within the dwelling robbery guideline, category 2A, with aggravating factors justifying a sentence at the top of the range. The reduction from the starting point was unexplained and unjustified. The appropriate sentence, after full credit for the guilty plea, is 6 years and 8 months' imprisonment for count 2.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Sentence on count 2 (attempted robbery) increased to 6 years and 8 months' imprisonment, substituted for the original sentence of 3 years and 4 months.
  • Sentence on count 1 (grievous bodily harm) remains unaffected.