Attorney-General's Reference No 10 & 11 of 2009

The sentences imposed were unduly lenient given the number and seriousness of aggravating features, including pre-planning, targeting of elderly and vulnerable victims, use of force, and the offenders' criminal histories. The appropriate sentences, reflecting the gravity of the offences and relevant guidelines, are 10 years for Rooney and 6 years for O'Connor.

Parties: Applicant: Attorney General; Offender/respondent: Rooney; Offender/respondent: O'Connor
Jurisdiction: England and Wales
Judgment Date: 01 July 2009
Procedural Posture: Criminal Appeal (attorney General's Reference) / Sentence Review Under S.36 Criminal Justice Act 1988
Outcome: Appeal allowed; sentences increased
Legal Topics: Sentencing, Robbery, Conspiracy, Vulnerable Victims

Criminal Law Sentencing Robbery Conspiracy Vulnerable Victims

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Parties

Attorney General

Applicant

Rooney

Offender/respondent

O'Connor

Offender/respondent

Procedural Posture

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

Legal Issues

1 Were the sentences imposed on the offenders for conspiracy to rob unduly lenient?
2 What is the appropriate sentence for conspiracy to rob targeting elderly victims in their homes with aggravating features?

Ratio Decidendi

Court Disposition

Appeal allowed; sentences increased

Orders

Sentence of five years for Rooney quashed and substituted with 10 years' imprisonment.
Sentence of three years for O'Connor quashed and substituted with six years' imprisonment.