Skilling, R v

Skilling, R v

The sentence imposed exceeded the appropriate range for a category 2C robbery, even accounting for aggravating factors. The correct sentence, after considering aggravating features and a 10% reduction for a late guilty plea, should be three years and six months' imprisonment.

Parties
Prosecution: Regina; Appellant: Keenan Mark Skilling
Jurisdiction
England and Wales
Judgment Date
09 October 2018
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Robbery, Sentencing Guidelines, Aggravating and Mitigating Factors, Guilty Plea Credit
Criminal Law Robbery Sentencing Guidelines Aggravating and Mitigating Factors Guilty Plea Credit

Case Brief

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Parties

Regina

Prosecution

Keenan Mark Skilling

Appellant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the sentence imposed for robbery was manifestly excessive
  2. 2 Whether the Recorder erred in categorising the offence under the sentencing guidelines
  3. 3 Whether aggravating and mitigating factors were properly considered

Ratio Decidendi

The sentence imposed exceeded the appropriate range for a category 2C robbery, even accounting for aggravating factors. The correct sentence, after considering aggravating features and a 10% reduction for a late guilty plea, should be three years and six months' imprisonment.

Court Disposition

appeal allowed in part

Orders

  • Sentence of five years and four months quashed
  • Substitute sentence of three years and six months' imprisonment