Attorney General's Reference No. 115 OF 2005

Attorney General's Reference No. 115 OF 2005

The original sentence of four years' imprisonment was unduly lenient given the seriousness of the robbery with an imitation firearm, the fact that it was committed while on bail, and the need for deterrence. The sentences should have been consecutive, resulting in a total sentence of six years (five years for robbery, one year consecutive for drug offences).

Parties
Applicant: Attorney General; Offender/respondent: Tony Richards
Jurisdiction
England and Wales
Judgment Date
16 February 2006
Procedural Posture
Criminal Reference / Appeal Against Sentence (attorney General's Reference Under S.36 Criminal Justice Act 1988)
Outcome
Reference allowed; sentence increased
Legal Topics
Sentencing, Robbery, Possession With Intent to Supply, Imitation Firearm, Concurrent and Consecutive Sentences, Unduly Lenient Sentences
Criminal Law Sentencing Robbery Possession With Intent to Supply Imitation Firearm Concurrent and Consecutive Sentences Unduly Lenient Sentences

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Parties

Attorney General

Applicant

Tony Richards

Offender/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the sentence imposed for robbery and drug offences was unduly lenient
  2. 2 Whether sentences should have been concurrent or consecutive
  3. 3 Appropriate sentence for robbery with an imitation firearm

Ratio Decidendi

The original sentence of four years' imprisonment was unduly lenient given the seriousness of the robbery with an imitation firearm, the fact that it was committed while on bail, and the need for deterrence. The sentences should have been consecutive, resulting in a total sentence of six years (five years for robbery, one year consecutive for drug offences).

Court Disposition

Reference allowed; sentence increased

Orders

  • Sentence increased from four years' imprisonment to six years' imprisonment: five years for robbery, one year consecutive for drug offences