Hand, R. v [2023] EWCA Crim 1328 (06 October 2023)

Hand, R. v [2023] EWCA Crim 1328 (06 October 2023)

The offence was at the cusp of Categories 2 and 3 harm, with no physical injury but more than minimal psychological harm. The correct starting point after considering aggravating and mitigating factors was three years, reduced by 25% for a guilty plea. The public order offence was part of the same incident and should have been sentenced concurrently. The original sentence was manifestly excessive and outside the guideline range.

Citation
[2023] EWCA Crim 1328
Parties
Prosecution: Rex; Appellant: Anthony Stephen Hand
Jurisdiction
England and Wales
Judgment Date
06 October 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed; sentence varied
Legal Topics
Attempted Robbery, Public Order Offence, Sentencing Guidelines, Appeal Against Sentence
Criminal Law Attempted Robbery Public Order Offence Sentencing Guidelines Appeal Against Sentence

Case Brief

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Parties

Rex

Prosecution

Anthony Stephen Hand

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the harm category for sentencing was correctly assessed
  2. 2 Whether the sentencing guideline for attempted robbery was properly applied
  3. 3 Whether the sentence for the public order offence should have been concurrent or consecutive

Ratio Decidendi

The offence was at the cusp of Categories 2 and 3 harm, with no physical injury but more than minimal psychological harm. The correct starting point after considering aggravating and mitigating factors was three years, reduced by 25% for a guilty plea. The public order offence was part of the same incident and should have been sentenced concurrently. The original sentence was manifestly excessive and outside the guideline range.

Court Disposition

appeal allowed; sentence varied

Orders

  • Quash the sentence imposed below
  • Substitute an immediate custodial sentence of two years and three months for attempted robbery