Rushworth, R v [2018] EWCA Crim 2196 (23 August 2018)

Rushworth, R v [2018] EWCA Crim 2196 (23 August 2018)

The suspended sentence of 24 months was unduly lenient given the aggravating factors and guidelines; the correct sentence is four years and five months' imprisonment, with remand time to count.

Citation
[2018] EWCA Crim 2196
Parties
Prosecution: Regina; Defendant: Daniel Brian Rushworth
Jurisdiction
England and Wales
Judgment Date
23 August 2018
Procedural Posture
Criminal Appeal / Sentence Review
Outcome
sentence quashed and substituted
Legal Topics
Robbery, Sentencing, Unduly Lenient Sentence, Use of Weapon, Suspended Sentence
Criminal Law Robbery Sentencing Unduly Lenient Sentence Use of Weapon Suspended Sentence

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Parties

Regina

Prosecution

Daniel Brian Rushworth

Defendant

Procedural Posture

Criminal Appeal / Sentence Review

Legal Issues

  1. 1 Was the sentence imposed for robbery unduly lenient?
  2. 2 Should the time spent on remand count towards the sentence?
  3. 3 Was the imposition of a suspended sentence appropriate given the aggravating factors?

Ratio Decidendi

The suspended sentence of 24 months was unduly lenient given the aggravating factors and guidelines; the correct sentence is four years and five months' imprisonment, with remand time to count.

Court Disposition

sentence quashed and substituted

Orders

  • Quash suspended sentence of 24 months.
  • Substitute sentence of four years and five months' imprisonment.