R v Alan Francis Roberts

R v Alan Francis Roberts

The sentencing judge correctly categorised the offence as high culpability due to the discharge of the firearm, properly considered the absence of planning as a mitigating factor, and made justified adjustments to the sentence. The overall sentence was not manifestly excessive given the facts and circumstances.

Parties
Prosecutor: Regina; Appellant: Alan Francis Roberts
Jurisdiction
England and Wales
Judgment Date
15 July 2022
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Wounding With Intent, Possession of Firearm With Intent to Endanger Life, Sentencing Guidelines, Self Defence, Excessive Self Defence
Criminal Law Wounding With Intent Possession of Firearm With Intent to Endanger Life Sentencing Guidelines Self Defence Excessive Self Defence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regina

Prosecutor

Alan Francis Roberts

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for possession of a firearm with intent to endanger life and wounding with intent was manifestly excessive
  2. 2 Whether the sentencing judge erred in categorising the offence under the Sentencing Council's Definitive Guideline

Ratio Decidendi

The sentencing judge correctly categorised the offence as high culpability due to the discharge of the firearm, properly considered the absence of planning as a mitigating factor, and made justified adjustments to the sentence. The overall sentence was not manifestly excessive given the facts and circumstances.

Court Disposition

appeal dismissed

Orders

  • The appeal against sentence is dismissed.