Wilkinson, R. v [2019] EWCA Crim 723 (04 April 2019)

Wilkinson, R. v [2019] EWCA Crim 723 (04 April 2019)

The original sentence was unduly lenient because the judge erred in reducing the starting point below the guideline minimum and failed to give sufficient weight to aggravating factors. The appropriate sentence, after credit for a guilty plea, was four years and six months' imprisonment.

Citation
[2019] EWCA Crim 723
Parties
Applicant: Her Majesty's Solicitor General; Respondent: Dean Wilkinson
Jurisdiction
England and Wales
Judgment Date
04 April 2019
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 of the Criminal Justice Act 1988
Outcome
Sentence increased on Attorney General's Reference
Legal Topics
Robbery, Sentencing, Unduly Lenient Sentence, Aggravating and Mitigating Factors
Criminal Law Robbery Sentencing Unduly Lenient Sentence Aggravating and Mitigating Factors

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Her Majesty's Solicitor General

Applicant

Dean Wilkinson

Respondent

Procedural Posture

Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 of the Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed for robbery was unduly lenient
  2. 2 Proper application of sentencing guidelines for robbery

Ratio Decidendi

The original sentence was unduly lenient because the judge erred in reducing the starting point below the guideline minimum and failed to give sufficient weight to aggravating factors. The appropriate sentence, after credit for a guilty plea, was four years and six months' imprisonment.

Court Disposition

Sentence increased on Attorney General's Reference

Orders

  • Original sentence of three years' imprisonment quashed
  • Substituted sentence of four years and six months' imprisonment imposed