Wilkinson, R. v

Wilkinson, R. v

The original sentence was unduly lenient because the judge wrongly reduced the starting point from five to four years before applying credit for the guilty plea, failing to account for aggravating factors. The correct approach was to increase the starting point to not less than six years, resulting in a sentence of four years and six months after credit for the guilty plea.

Parties
Applicant: Her Majesty's Solicitor General; Respondent: Dean Wilkinson
Jurisdiction
England and Wales
Judgment Date
04 April 2019
Procedural Posture
Criminal Appeal / Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988
Outcome
sentence increased
Legal Topics
Robbery, Sentencing, Unduly Lenient Sentence, Attorney General's Reference
Criminal Law Robbery Sentencing Unduly Lenient Sentence Attorney General's Reference

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Parties

Her Majesty's Solicitor General

Applicant

Dean Wilkinson

Respondent

Procedural Posture

Criminal Appeal / Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the original sentence for robbery was unduly lenient
  2. 2 Appropriate categorisation and starting point under Sentencing Council guidelines

Ratio Decidendi

The original sentence was unduly lenient because the judge wrongly reduced the starting point from five to four years before applying credit for the guilty plea, failing to account for aggravating factors. The correct approach was to increase the starting point to not less than six years, resulting in a sentence of four years and six months after credit for the guilty plea.

Court Disposition

sentence increased

Orders

  • Original sentence of three years' imprisonment set aside.
  • Substituted sentence of four years and six months' imprisonment imposed.