Walker, R. v

Walker, R. v

The judge was entitled to impose consecutive sentences for theft and robbery as the theft constituted separate criminality; the categorisation of robbery as 2C and burglary as category 1 was justified by aggravating factors and planning; the total sentence of five-and-a-half years was not manifestly excessive given the appellant's record and the seriousness of the offences.

Parties
Prosecution: Regina; Appellant: Lee Robert Walker
Jurisdiction
England and Wales
Judgment Date
09 May 2019
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Robbery, Burglary, Theft, Sentencing, Consecutive and Concurrent Sentences, Three Strikes Rule
Criminal Law Robbery Burglary Theft Sentencing Consecutive and Concurrent Sentences Three Strikes Rule

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Lee Robert Walker

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence for theft of the vehicle should have been concurrent with the robbery sentence
  2. 2 Whether the overall sentence was manifestly excessive
  3. 3 Proper categorisation of robbery and burglary under Sentencing Council guidelines

Ratio Decidendi

The judge was entitled to impose consecutive sentences for theft and robbery as the theft constituted separate criminality; the categorisation of robbery as 2C and burglary as category 1 was justified by aggravating factors and planning; the total sentence of five-and-a-half years was not manifestly excessive given the appellant's record and the seriousness of the offences.

Court Disposition

appeal dismissed

Orders

  • The appeal against sentence is dismissed.