R v Anthony Stephen Hand

R v Anthony Stephen Hand

The sentence for attempted robbery was excessive as it did not sufficiently account for the inchoate nature of the offence, the appellant's mitigation, and the proper categorisation of harm and culpability. The sentence for the public order offence should have been concurrent, not consecutive, as it formed part of the same incident. The appeal was allowed, the sentence quashed, and substituted with a reduced custodial sentence and a concurrent term for the public order offence.

Parties
Prosecutor: Rex; Appellant: Anthony Stephen Hand
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed; sentence reduced
Legal Topics
Attempted Robbery, Public Order Offence, Sentencing, Appeal Against Sentence
Criminal Law Attempted Robbery Public Order Offence Sentencing Appeal Against Sentence

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 3 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Rex

Prosecutor

Anthony Stephen Hand

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence for attempted robbery was manifestly excessive
  2. 2 Whether the sentence for the public order offence should have been consecutive or concurrent
  3. 3 Proper categorisation of harm and culpability under sentencing guidelines

Ratio Decidendi

The sentence for attempted robbery was excessive as it did not sufficiently account for the inchoate nature of the offence, the appellant's mitigation, and the proper categorisation of harm and culpability. The sentence for the public order offence should have been concurrent, not consecutive, as it formed part of the same incident. The appeal was allowed, the sentence quashed, and substituted with a reduced custodial sentence and a concurrent term for the public order offence.

Court Disposition

appeal allowed; sentence reduced

Orders

  • Immediate custodial sentence of two years and three months for attempted robbery
  • One month concurrent sentence for the section 4 public order offence