Johnson, R. v [2023] EWCA Crim 771 (21 June 2023)

Johnson, R. v [2023] EWCA Crim 771 (21 June 2023)

The offence was properly categorised as 3B under the guidelines, with a starting point of 2 years and a range of 1-4 years. Aggravating features justified a sentence at the top of the range, but after full credit for the guilty plea, the sentence should be 32 months' imprisonment. An extended sentence was not available as the custodial term fell below 4 years after credit for plea.

Citation
[2023] EWCA Crim 771
Parties
Prosecution: Rex; Appellant: Callum Curtis Johnson
Jurisdiction
England and Wales
Judgment Date
21 June 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Attempted Robbery, Sentencing Guidelines, Dangerousness, Extended Sentence, Guilty Plea Credit
Criminal Law Attempted Robbery Sentencing Guidelines Dangerousness Extended Sentence Guilty Plea Credit

Case Brief

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Parties

Rex

Prosecution

Callum Curtis Johnson

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for attempted robbery was manifestly excessive
  2. 2 Whether the offence was correctly categorised under sentencing guidelines
  3. 3 Whether an extended sentence was lawfully imposed

Ratio Decidendi

The offence was properly categorised as 3B under the guidelines, with a starting point of 2 years and a range of 1-4 years. Aggravating features justified a sentence at the top of the range, but after full credit for the guilty plea, the sentence should be 32 months' imprisonment. An extended sentence was not available as the custodial term fell below 4 years after credit for plea.

Court Disposition

appeal allowed

Orders

  • Sentence of 6 years (4 years custody plus 2 years extended licence) quashed
  • Substituted sentence of 32 months' imprisonment imposed