Attorney General's Reference Nos 41 and 42 of 2007 (Naidoo & Anor)

Attorney General's Reference Nos 41 and 42 of 2007 (Naidoo & Anor)

The original sentences did not adequately reflect the totality and seriousness of the campaign of robberies, especially the escalation to use of an imitation firearm. The appropriate total sentence is 10 years' imprisonment, achieved by increasing the sentence for the final robbery to 8 years and ordering the 2-year firearms sentence to run consecutively.

Parties
Applicant: Attorney General; Respondent: Robert Naidoo; Respondent: David Manton
Jurisdiction
England and Wales
Judgment Date
18 July 2007
Procedural Posture
Criminal Reference / Reference by Attorney General Under S.36 Criminal Justice Act 1988
Outcome
sentence increased
Legal Topics
Robbery, Sentencing, Firearms Offences, Attorney General's Reference, Double Jeopardy
Criminal Law Robbery Sentencing Firearms Offences Attorney General's Reference Double Jeopardy

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Parties

Attorney General

Applicant

Robert Naidoo

Respondent

David Manton

Respondent

Procedural Posture

Criminal Reference / Reference by Attorney General Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentences imposed for multiple robberies and a firearms offence were unduly lenient
  2. 2 Appropriate total sentence for a campaign of robberies involving threats with firearms or imitation firearms
  3. 3 Application of sentencing guidelines for commercial robbery

Ratio Decidendi

The original sentences did not adequately reflect the totality and seriousness of the campaign of robberies, especially the escalation to use of an imitation firearm. The appropriate total sentence is 10 years' imprisonment, achieved by increasing the sentence for the final robbery to 8 years and ordering the 2-year firearms sentence to run consecutively.

Court Disposition

sentence increased

Orders

  • Sentence for final robbery (count 8) increased to 8 years' imprisonment.
  • 2 years' imprisonment for firearms offence (count 9) to be served consecutively.