Attorney General Reference Nos 38, 39, 40 of 2007

Attorney General Reference Nos 38, 39, 40 of 2007

The sentences imposed for robbery and manslaughter were unduly lenient given the aggravating features, including the robbery being committed in the victim's home, use of weapons, group offending, and the fatal outcome. The appropriate sentence for each robbery was five years' imprisonment/detention after credit for early guilty pleas, and for manslaughter, five years' detention concurrent, reflecting the seriousness of the offences and the guidance in comparable cases.

Parties
Applicant: Attorney General; Offender: Lee Campbell; Offender: Paul Anthony Crummack; Offender: Michael Anthony Stell
Jurisdiction
England and Wales
Judgment Date
21 June 2007
Procedural Posture
Criminal Reference / Appeal Against Sentence (attorney General's Reference Under S.36 Criminal Justice Act 1988)
Outcome
Sentences increased as being unduly lenient
Legal Topics
Robbery, Manslaughter, Sentencing, Attorney General's Reference, Unduly Lenient Sentences
Criminal Law Robbery Manslaughter Sentencing Attorney General's Reference Unduly Lenient Sentences

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Parties

Attorney General

Applicant

Lee Campbell

Offender

Paul Anthony Crummack

Offender

Michael Anthony Stell

Offender

Procedural Posture

Criminal Reference / Appeal Against Sentence (attorney General's Reference Under S.36 Criminal Justice Act 1988)

Legal Issues

  1. 1 Were the sentences imposed for robbery and manslaughter unduly lenient?
  2. 2 What is the appropriate sentence for violent personal robbery in the home?
  3. 3 What is the appropriate sentence for manslaughter arising from a single punch during a robbery?

Ratio Decidendi

The sentences imposed for robbery and manslaughter were unduly lenient given the aggravating features, including the robbery being committed in the victim's home, use of weapons, group offending, and the fatal outcome. The appropriate sentence for each robbery was five years' imprisonment/detention after credit for early guilty pleas, and for manslaughter, five years' detention concurrent, reflecting the seriousness of the offences and the guidance in comparable cases.

Court Disposition

Sentences increased as being unduly lenient

Orders

  • For Lee Campbell: sentence for each robbery count increased to five years' imprisonment concurrent, effective from 8 March 2007.
  • For Paul Anthony Crummack: sentence for each robbery count and for manslaughter increased to five years' detention in a young offenders institution concurrent, effective from 8 March 2007.