Mercer & Anor, R v [2020] EWCA Crim 554 (20 February 2020)

Mercer & Anor, R v [2020] EWCA Crim 554 (20 February 2020)

The suspended sentences of 2 years for robbery were unduly lenient given the planned nature of the offence, targeting of a highly vulnerable victim, aggravating features including previous convictions, and statutory aggravation for targeting vulnerability. Proper categorisation was at least category 2B with a starting point of 5 years, and after mitigation and credit for plea, the appropriate sentence was 3 years' immediate imprisonment.

Citation
[2020] EWCA Crim 554
Parties
Applicant: Attorney General; Respondent: David Master Mercer; Respondent: Kirsty Louise Norris
Jurisdiction
England and Wales
Judgment Date
20 February 2020
Procedural Posture
Criminal Appeal (sentence Reference) / Reference Under S.36 Criminal Justice Act 1988; Appellate Judgment
Outcome
Appeal allowed; sentences quashed and substituted
Legal Topics
Robbery, Fraud, Sentencing, Vulnerable Victims, Mental Health and Learning Disabilities, Suspended Sentences, Unduly Lenient Sentences
Criminal Law Robbery Fraud Sentencing Vulnerable Victims Mental Health and Learning Disabilities Suspended Sentences Unduly Lenient Sentences

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Parties

Attorney General

Applicant

David Master Mercer

Respondent

Kirsty Louise Norris

Respondent

Procedural Posture

Criminal Appeal (sentence Reference) / Reference Under S.36 Criminal Justice Act 1988; Appellate Judgment

Legal Issues

  1. 1 Whether the suspended sentences imposed for robbery and fraud were unduly lenient
  2. 2 Proper categorisation of the offence under Sentencing Council Guidelines
  3. 3 Appropriate credit for guilty pleas

Ratio Decidendi

The suspended sentences of 2 years for robbery were unduly lenient given the planned nature of the offence, targeting of a highly vulnerable victim, aggravating features including previous convictions, and statutory aggravation for targeting vulnerability. Proper categorisation was at least category 2B with a starting point of 5 years, and after mitigation and credit for plea, the appropriate sentence was 3 years' immediate imprisonment.

Court Disposition

Appeal allowed; sentences quashed and substituted

Orders

  • Leave granted to refer sentence
  • Suspended sentences quashed