Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988 v Regina

Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988 v Regina

The sentences imposed were unduly lenient as the judge adopted too low a starting point for professionally planned commercial robberies and made excessive allowance for totality. The appropriate sentencing range for this conspiracy was 6 to 11 years, adjusted for plea and totality. The court substituted higher...

Source-derived case information.

Parties
Applicant: Attorney General; Respondent: David Kelly; Respondent: Lewis Sokhi; Respondent: Michael Lewis; Respondent: Alan Kelly; Respondent: Daryl Salisbury; Respondent: Charles Terry Durkin
Jurisdiction
England and Wales
Judgment Date
30 June 2016
Procedural Posture
Criminal Appeal (attorney General's Reference) / Appeal Against Sentence
Outcome
Appeal allowed; sentences increased
Legal Topics
Sentencing, Conspiracy to Rob, Burglary, Unduly Lenient Sentences, Totality Principle
Criminal Law Sentencing Conspiracy to Rob Burglary Unduly Lenient Sentences Totality Principle

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Parties

Attorney General

Applicant

David Kelly

Respondent

Lewis Sokhi

Respondent

Michael Lewis

Respondent

Alan Kelly

Respondent

Daryl Salisbury

Respondent

Charles Terry Durkin

Respondent

Procedural Posture

Criminal Appeal (attorney General's Reference) / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed for conspiracy to rob and related offences were unduly lenient
  2. 2 Proper application of sentencing guidelines for professionally planned commercial robberies
  3. 3 Appropriate adjustment for totality where offenders are already serving sentences

Ratio Decidendi

The sentences imposed were unduly lenient as the judge adopted too low a starting point for professionally planned commercial robberies and made excessive allowance for totality. The appropriate sentencing range for this conspiracy was 6 to 11 years, adjusted for plea and totality. The court substituted higher sentences for each respondent accordingly.

Court Disposition

Appeal allowed; sentences increased

Orders

  • Custodial terms quashed for all respondents
  • Substituted sentences: David Kelly – 4 years consecutive; Charles Durkin – 5 years 8 months; Daryl Salisbury – 3 years 4 months consecutive; Alan Kelly – 3 years consecutive; Michael Lewis – 3 years consecutive; Lewis Sokhi – 4 years 4 months