Attorney General's Reference No. 24 AND 25 OF 2005

Attorney General's Reference No. 24 AND 25 OF 2005

The sentences imposed were unduly lenient given the use of weapons, the vulnerability of the premises, and the need for deterrence and protection, even after considering mitigation and guilty pleas. Six years' custody is appropriate for each offender.

Parties
Applicant: Attorney General; Respondent/offender: Gary Walker; Respondent/offender: Dean Walsh
Jurisdiction
England and Wales
Judgment Date
06 October 2005
Procedural Posture
Criminal Reference / Attorney General's Reference Under Section 36 Criminal Justice Act 1988
Outcome
Sentences increased
Legal Topics
Sentencing, Attempted Robbery, Unduly Lenient Sentences
Criminal Law Sentencing Attempted Robbery Unduly Lenient Sentences

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Parties

Attorney General

Applicant

Gary Walker

Respondent/offender

Dean Walsh

Respondent/offender

Procedural Posture

Criminal Reference / Attorney General's Reference Under Section 36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentences imposed for attempted robbery were unduly lenient
  2. 2 Appropriate sentencing guidelines for armed attempted robbery of small shop premises

Ratio Decidendi

The sentences imposed were unduly lenient given the use of weapons, the vulnerability of the premises, and the need for deterrence and protection, even after considering mitigation and guilty pleas. Six years' custody is appropriate for each offender.

Court Disposition

Sentences increased

Orders

  • Sentence for Walker increased to six years' imprisonment
  • Sentence for Walsh increased to six years' detention in a young offender institution