Conteh, R v [2020] EWCA Crim 349 (11 February 2020)

Conteh, R v [2020] EWCA Crim 349 (11 February 2020)

Given the number of robberies, use of weapons, violence, previous convictions, and the fact that the offender was on licence, the sentence before credit for plea should not have been less than seven-and-a-half years. With 20% credit for plea, the appropriate sentence was 6 years. The original sentence of 4 years was unduly lenient.

Citation
[2020] EWCA Crim 349
Parties
Prosecution: Regina; Defendant: David Conteh
Jurisdiction
England and Wales
Judgment Date
11 February 2020
Procedural Posture
Criminal Appeal / Reference by Attorney General Under S.36 Criminal Justice Act 1988
Outcome
sentence increased
Legal Topics
Robbery, Sentencing, Unduly Lenient Sentences, Use of Offensive Weapons, Mitigation, Credit for Guilty Plea
Criminal Law Robbery Sentencing Unduly Lenient Sentences Use of Offensive Weapons Mitigation Credit for Guilty Plea

Case Brief

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Parties

Regina

Prosecution

David Conteh

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the sentence imposed for multiple robberies and offensive weapon offences was unduly lenient
  2. 2 Proper application of sentencing guidelines for robbery and offensive weapons
  3. 3 Appropriate credit for guilty plea

Ratio Decidendi

Given the number of robberies, use of weapons, violence, previous convictions, and the fact that the offender was on licence, the sentence before credit for plea should not have been less than seven-and-a-half years. With 20% credit for plea, the appropriate sentence was 6 years. The original sentence of 4 years was unduly lenient.

Court Disposition

sentence increased

Orders

  • Sentence of 4 years' imprisonment on counts 5 and 7 quashed and substituted with 6 years on each count
  • Other sentences remain unaffected