Ward, R. v

Ward, R. v

The proper guideline was the dwelling robbery guideline, not the street robbery guideline. The offending, including aggravating factors, placed the case at the top of category 2A for attempted dwelling robbery. The Recorder's reduction from the starting point was unexplained and unjustified. The appropriate sentence, after full credit for plea, was 6 years and 8 months' imprisonment.

Parties
Applicant: Attorney General; Respondent/offender: Bernie Ward
Jurisdiction
England and Wales
Judgment Date
22 June 2018
Procedural Posture
Criminal Appeal Reference by Attorney General / Sentence Review Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentence increased
Legal Topics
Sentencing, Attempted Robbery, Grievous Bodily Harm, Unduly Lenient Sentences
Criminal Law Sentencing Attempted Robbery Grievous Bodily Harm Unduly Lenient Sentences

Case Brief

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Parties

Attorney General

Applicant

Bernie Ward

Respondent/offender

Procedural Posture

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

Legal Issues

  1. 1 Whether the sentence imposed for attempted robbery and grievous bodily harm was unduly lenient
  2. 2 Which sentencing guideline properly applied to the facts
  3. 3 Appropriate sentence considering aggravating and mitigating factors

Ratio Decidendi

The proper guideline was the dwelling robbery guideline, not the street robbery guideline. The offending, including aggravating factors, placed the case at the top of category 2A for attempted dwelling robbery. The Recorder's reduction from the starting point was unexplained and unjustified. The appropriate sentence, after full credit for plea, was 6 years and 8 months' imprisonment.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Sentence on count 2 (attempted robbery) increased to 6 years and 8 months' imprisonment, substituted for 3 years and 4 months.
  • Sentence on count 1 (grievous bodily harm) unaffected.