Anderson v R

Anderson v R

The judge was entitled to place the attempted robberies in category A2 due to the production of a bladed article to threaten violence, and the sentences for those offences were not wrong in principle or manifestly excessive. However, the total sentence imposed was manifestly excessive as insufficient account was taken of totality; all offences relating to the school incident should be treated as a single episode with concurrent sentences, reducing the overall sentence.

Parties
Appellant: Anderson; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
23 February 2023
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
Appeal allowed in part
Legal Topics
Sentencing, Robbery, Burglary, Dangerous Driving, Possession of Offensive Weapon, Unlawful Wounding, Criminal Damage, Totality Principle
Criminal Law Sentencing Robbery Burglary Dangerous Driving Possession of Offensive Weapon Unlawful Wounding Criminal Damage +1 more

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Parties

Anderson

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence for attempted robberies was wrong in principle and manifestly excessive
  2. 2 Whether the total sentence was manifestly excessive

Ratio Decidendi

The judge was entitled to place the attempted robberies in category A2 due to the production of a bladed article to threaten violence, and the sentences for those offences were not wrong in principle or manifestly excessive. However, the total sentence imposed was manifestly excessive as insufficient account was taken of totality; all offences relating to the school incident should be treated as a single episode with concurrent sentences, reducing the overall sentence.

Court Disposition

Appeal allowed in part

Orders

  • Sentence on count 8 (unlawful wounding) to run concurrently with counts 6 and 7 (attempted robberies)
  • Total sentence reduced to 7 years 3 months detention