Attorney General's Reference No. 82 OF 2005

Attorney General's Reference No. 82 OF 2005

Although the general principle requires a custodial sentence for serious robberies, the Recorder was entitled, in the exceptional circumstances of this case, to impose a drug treatment and testing order, and the Court of Appeal should not interfere as the public interest did not require it.

Parties
Applicant: Attorney General; Offender: John Toulson
Jurisdiction
England and Wales
Judgment Date
13 October 2005
Procedural Posture
Criminal Reference / Appeal on Sentence by Attorney General Under S.36 Criminal Justice Act 1988
Outcome
Appeal dismissed; sentence affirmed
Legal Topics
Sentencing, Robbery, Drug Treatment and Testing Orders, Attorney General's Reference
Criminal Law Sentencing Robbery Drug Treatment and Testing Orders Attorney General's Reference

Case Brief

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Parties

Attorney General

Applicant

John Toulson

Offender

Procedural Posture

Criminal Reference / Appeal on Sentence by Attorney General Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether a drug treatment and testing order was an appropriate sentence for multiple robberies involving some violence or threats thereof
  2. 2 Whether the sentence was unduly lenient and should be replaced with a custodial sentence

Ratio Decidendi

Although the general principle requires a custodial sentence for serious robberies, the Recorder was entitled, in the exceptional circumstances of this case, to impose a drug treatment and testing order, and the Court of Appeal should not interfere as the public interest did not require it.

Court Disposition

Appeal dismissed; sentence affirmed

Orders

  • The sentence of a two-year drug treatment and testing order is affirmed.