Valentine, R v [2008] EWCA Crim 3223 (18 December 2008)

Valentine, R v [2008] EWCA Crim 3223 (18 December 2008)

Given the number, planning, and seriousness of the robberies, and despite mitigation and early guilty pleas, the original sentences were unduly lenient and did not reflect the gravity of the offending; appropriate sentences are 6 years' imprisonment for Valentine and 3 years 6 months for Jackson, with sentences to run concurrently.

Citation
[2008] EWCA Crim 3223
Parties
Applicant: Attorney-General; Respondent/offender: Daniel Alan Valentine; Respondent/offender: Damien Paul Jackson
Jurisdiction
England and Wales
Judgment Date
18 December 2008
Procedural Posture
Criminal Appeal (attorney General's Reference) / Application for Review of Sentence Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentences increased.
Legal Topics
Robbery, Sentencing, Attorney General's Reference, Unduly Lenient Sentences
Criminal Law Robbery Sentencing Attorney General's Reference Unduly Lenient Sentences

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Parties

Attorney-General

Applicant

Daniel Alan Valentine

Respondent/offender

Damien Paul Jackson

Respondent/offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Application for Review of Sentence Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentences imposed on Daniel Alan Valentine and Damien Paul Jackson for multiple robberies and related offences were unduly lenient.

Ratio Decidendi

Given the number, planning, and seriousness of the robberies, and despite mitigation and early guilty pleas, the original sentences were unduly lenient and did not reflect the gravity of the offending; appropriate sentences are 6 years' imprisonment for Valentine and 3 years 6 months for Jackson, with sentences to run concurrently.

Court Disposition

Appeal allowed; sentences increased.

Orders

  • Valentine: Sentence increased to 6 years' imprisonment on each robbery count, concurrent; taking and driving away offence concurrent.
  • Jackson: Sentence increased to 3 years 6 months' imprisonment on each robbery count, concurrent; taking and driving away offences concurrent.