Jenkins & Ors, R v

Jenkins & Ors, R v

The starting point of 25 years for armed robbery was too high for these appellants given their lack of previous convictions and specific roles; sentences should be reduced to achieve consistency and reflect individual circumstances.

Parties
Prosecution: Regina; Appellant: David Jenkins; Appellant: Ben Grehan; Appellant: Dean Jenkins
Jurisdiction
England and Wales
Judgment Date
24 April 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeals allowed
Legal Topics
Armed Robbery, Sentencing, Appeal, Conspiracy to Rob
Criminal Law Armed Robbery Sentencing Appeal Conspiracy to Rob

Case Brief

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Parties

Regina

Prosecution

David Jenkins

Appellant

Ben Grehan

Appellant

Dean Jenkins

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 What is the appropriate starting point for sentencing in cases of serious professional armed robberies involving violence?
  2. 2 Were the sentences imposed on the appellants manifestly excessive given their roles and lack of previous convictions?

Ratio Decidendi

The starting point of 25 years for armed robbery was too high for these appellants given their lack of previous convictions and specific roles; sentences should be reduced to achieve consistency and reflect individual circumstances.

Court Disposition

appeals allowed

Orders

  • Dean Jenkins' sentence reduced from 17 years to 15 years imprisonment, with other sentences concurrent and 364 days remand to count.
  • Ben Grehan's sentence reduced from 12 years to 10 years imprisonment, with remand time to count.