Attorney General's Reference No. 10 of 2005 [2005] EWCA Crim 1594 (10 June 2005)

Attorney General's Reference No. 10 of 2005 [2005] EWCA Crim 1594 (10 June 2005)

There were no exceptional circumstances to justify a non-custodial sentence for this serious robbery; the original sentence was unduly lenient and a custodial sentence of 12 months' imprisonment was appropriate, taking into account the offender's compliance with the community order and mitigating factors.

Citation
[2005] EWCA Crim 1594
Parties
Applicant: Attorney General; Respondent: Deejay Dwayne Atherton Edwards
Jurisdiction
England and Wales
Judgment Date
10 June 2005
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentence increased
Legal Topics
Robbery, Sentencing, Unduly Lenient Sentences, Attorney General's Reference
Criminal Law Robbery Sentencing Unduly Lenient Sentences Attorney General's Reference

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Parties

Attorney General

Applicant

Deejay Dwayne Atherton Edwards

Respondent

Procedural Posture

Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the original sentence for robbery was unduly lenient
  2. 2 Whether exceptional circumstances justified a non-custodial sentence

Ratio Decidendi

There were no exceptional circumstances to justify a non-custodial sentence for this serious robbery; the original sentence was unduly lenient and a custodial sentence of 12 months' imprisonment was appropriate, taking into account the offender's compliance with the community order and mitigating factors.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Original sentence quashed
  • Substituted sentence of twelve months' imprisonment from date of surrender