Attorney-General's Reference No.16 of 2007

Attorney-General's Reference No.16 of 2007

The sentence of three and a half years was outside the available bracket for the offence, given the defendant's repeated supply of disguised vehicles to known armed robbers; a sentence of five years is appropriate.

Parties
Applicant: Attorney General; Respondent: Offender (unnamed)
Jurisdiction
England and Wales
Judgment Date
15 May 2007
Procedural Posture
Criminal Reference / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Sentence increased on reference; appeal allowed.
Legal Topics
Conspiracy to Rob, Sentencing, Ancillary Liability
Criminal Law Conspiracy to Rob Sentencing Ancillary Liability

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Parties

Attorney General

Applicant

Offender (unnamed)

Respondent

Procedural Posture

Criminal Reference / Appeal Against Sentence Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 What is the appropriate sentence for an ancillary party who supplies stolen vehicles for use in robberies?
  2. 2 Was the original sentence of three and a half years unduly lenient?

Ratio Decidendi

The sentence of three and a half years was outside the available bracket for the offence, given the defendant's repeated supply of disguised vehicles to known armed robbers; a sentence of five years is appropriate.

Court Disposition

Sentence increased on reference; appeal allowed.

Orders

  • Original sentence of three and a half years set aside.
  • Substituted sentence of five years' imprisonment imposed.