Bell, R. v

Bell, R. v

The sentence of 24 months' imprisonment suspended for 24 months was unduly lenient given the seriousness of the offence, the aggravating factors, and the proper categorisation under the guidelines. The appropriate sentence, after credit for plea and time served, was three years' immediate custody. The sentence was outside the range of sentences a judge could reasonably consider appropriate.

Parties
Applicant: Attorney General; Respondent/offender: Alexander Bell
Jurisdiction
England and Wales
Judgment Date
22 May 2018
Procedural Posture
Criminal Reference / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentence increased
Legal Topics
Sentencing, Robbery, Possession of Offensive Weapon, Suspended Sentence, Unduly Lenient Sentence
Criminal Law Sentencing Robbery Possession of Offensive Weapon Suspended Sentence Unduly Lenient Sentence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Attorney General

Applicant

Alexander Bell

Respondent/offender

Procedural Posture

Criminal Reference / Appeal Against Sentence Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed for attempted robbery and related offences was unduly lenient
  2. 2 Proper categorisation of the offence under the Sentencing Council Guidelines
  3. 3 Appropriate consideration of aggravating and mitigating factors

Ratio Decidendi

The sentence of 24 months' imprisonment suspended for 24 months was unduly lenient given the seriousness of the offence, the aggravating factors, and the proper categorisation under the guidelines. The appropriate sentence, after credit for plea and time served, was three years' immediate custody. The sentence was outside the range of sentences a judge could reasonably consider appropriate.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Sentence on count 1 (attempted robbery) quashed and substituted with 2 years and 10 months' imprisonment
  • Other sentences remain unaffected