Attorney General's Reference Nos 41 and 42 of 2007 (Naidoo & Anor) [2007] EWCA Crim 1916 (18 July 2007)

Attorney General's Reference Nos 41 and 42 of 2007 (Naidoo & Anor) [2007] EWCA Crim 1916 (18 July 2007)

The original sentences failed to reflect the seriousness and totality of the offenders' campaign of robberies, particularly the escalation to use of an imitation firearm. The appropriate sentence is 8 years for the final robbery, with 2 years for the firearms offence to run consecutively, totaling 10 years' imprisonment.

Citation
[2007] EWCA Crim 1916
Parties
Applicant: Attorney General; Offender: Robert Naidoo; Offender: David Manton
Jurisdiction
England and Wales
Judgment Date
18 July 2007
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence
Outcome
Appeal allowed; sentences increased
Legal Topics
Robbery, Sentencing, Imitation Firearm, Concurrent Sentences, Double Jeopardy
Criminal Law Robbery Sentencing Imitation Firearm Concurrent Sentences Double Jeopardy

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Parties

Attorney General

Applicant

Robert Naidoo

Offender

David Manton

Offender

Procedural Posture

Attorney General's Reference (criminal) / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed for multiple robberies and related offences were unduly lenient
  2. 2 Appropriate total sentence for a campaign of robberies involving threats with firearms or imitation firearms
  3. 3 Application of sentencing guidelines for commercial robbery

Ratio Decidendi

The original sentences failed to reflect the seriousness and totality of the offenders' campaign of robberies, particularly the escalation to use of an imitation firearm. The appropriate sentence is 8 years for the final robbery, with 2 years for the firearms offence to run consecutively, totaling 10 years' imprisonment.

Court Disposition

Appeal allowed; sentences increased

Orders

  • Sentence for final robbery (count 8) increased to 8 years' imprisonment
  • Sentence for firearms offence (count 9) of 2 years' imprisonment to run consecutively