Hewitt & Anor, R. v [2020] EWCA Crim 1225 (03 July 2020)

Hewitt & Anor, R. v [2020] EWCA Crim 1225 (03 July 2020)

The sentencing judge correctly categorised the offence and assessed aggravating and mitigating factors; the only error was a mathematical miscalculation in the reduction for Hewitt's guilty plea, which must be corrected to reflect the intended 25% reduction.

Citation
[2020] EWCA Crim 1225
Parties
Prosecution: Regina; Appellant: Andre Byron Hewitt; Appellant: Jovan Mulcare
Jurisdiction
England and Wales
Judgment Date
03 July 2020
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part for Hewitt; all other grounds refused.
Legal Topics
Robbery, Sentencing, Guilty Plea Reduction, Joint Enterprise, Newton Hearing, Aggravating and Mitigating Factors
Criminal Law Robbery Sentencing Guilty Plea Reduction Joint Enterprise Newton Hearing Aggravating and Mitigating Factors

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Parties

Regina

Prosecution

Andre Byron Hewitt

Appellant

Jovan Mulcare

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in categorising the offence under the Sentencing Council Robbery Definitive Guideline
  2. 2 Whether the judge failed to give sufficient weight to the Newton hearing findings
  3. 3 Whether the sentence for Mulcare should have been more lenient due to his role

Ratio Decidendi

The sentencing judge correctly categorised the offence and assessed aggravating and mitigating factors; the only error was a mathematical miscalculation in the reduction for Hewitt's guilty plea, which must be corrected to reflect the intended 25% reduction.

Court Disposition

Appeal allowed in part for Hewitt; all other grounds refused.

Orders

  • Hewitt's sentence substituted to 40 months 2 weeks imprisonment.
  • All other grounds of appeal refused.