Simmonds, R. v [2023] EWCA Crim 1063 (08 September 2023)

Simmonds, R. v [2023] EWCA Crim 1063 (08 September 2023)

The Recorder erred by imposing an uplift above the starting point for harm that was already accounted for in the harm category, and failed to give sufficient downward adjustment for strong mitigating factors including the appellant's age, lack of maturity, lack of previous convictions, remorse, delay, and extreme vulnerability as a transwoman with mental health issues. The appropriate sentence, after proper adjustment and credit for guilty plea, is four years and eight months' imprisonment.

Citation
[2023] EWCA Crim 1063
Parties
Prosecution: Rex; Appellant: Khloe Simmonds
Jurisdiction
England and Wales
Judgment Date
08 September 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed; sentence reduced
Legal Topics
Sentencing, Robbery, Theft, Mitigation, Transgender Prisoners, Mental Health in Sentencing
Criminal Law Sentencing Robbery Theft Mitigation Transgender Prisoners Mental Health in Sentencing

Case Brief

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Parties

Rex

Prosecution

Khloe Simmonds

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of six years and nine months' imprisonment for robbery was manifestly excessive
  2. 2 Whether sufficient reduction was applied for mitigating factors
  3. 3 Whether sufficient credit was given for the guilty plea

Ratio Decidendi

The Recorder erred by imposing an uplift above the starting point for harm that was already accounted for in the harm category, and failed to give sufficient downward adjustment for strong mitigating factors including the appellant's age, lack of maturity, lack of previous convictions, remorse, delay, and extreme vulnerability as a transwoman with mental health issues. The appropriate sentence, after proper adjustment and credit for guilty plea, is four years and eight months' imprisonment.

Court Disposition

appeal allowed; sentence reduced

Orders

  • Sentence of six years and nine months' imprisonment on count 2 (robbery) quashed
  • Substitute sentence of four years and eight months' imprisonment on count 2 (robbery)