Watson-Berry, R. v [2024] EWCA Crim 1098 (12 September 2024)

Watson-Berry, R. v [2024] EWCA Crim 1098 (12 September 2024)

The original sentence was unduly lenient as it failed to reflect the seriousness and aggravating features of the robberies, the fact that offences were committed on bail and on separate occasions, and did not sufficiently uplift the lead offence. Even with substantial mitigation for youth and personal circumstances, the appropriate sentence could not be less than six years' detention in a young offender institution.

Citation
[2024] EWCA Crim 1098
Parties
Applicant: Attorney General; Offender/respondent: Cortez Watson-Berry
Jurisdiction
England and Wales
Judgment Date
12 September 2024
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentence increased
Legal Topics
Sentencing, Robbery, Possession of Bladed Article, Possession of Imitation Firearm, Youth Offenders, Unduly Lenient Sentences
Criminal Law Sentencing Robbery Possession of Bladed Article Possession of Imitation Firearm Youth Offenders Unduly Lenient Sentences

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Parties

Attorney General

Applicant

Cortez Watson-Berry

Offender/respondent

Procedural Posture

Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient
  2. 2 Appropriate categorisation and uplift for robbery offences
  3. 3 Consideration of youth and personal mitigation in sentencing

Ratio Decidendi

The original sentence was unduly lenient as it failed to reflect the seriousness and aggravating features of the robberies, the fact that offences were committed on bail and on separate occasions, and did not sufficiently uplift the lead offence. Even with substantial mitigation for youth and personal circumstances, the appropriate sentence could not be less than six years' detention in a young offender institution.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Leave to refer granted
  • Sentence of 45 months' detention for November robbery quashed