Walker, R. v [2019] EWCA Crim 867 (09 May 2019)

Walker, R. v [2019] EWCA Crim 867 (09 May 2019)

The judge was entitled to categorise the robbery as 2C and the burglary in the upper half of category 1. The theft of the vehicle constituted separate criminality and justified a consecutive sentence. The total sentence of five-and-a-half years was not manifestly excessive given the appellant's record and the seriousness of the offences.

Citation
[2019] EWCA Crim 867
Parties
Respondent: Regina; Appellant: Lee Robert Walker
Jurisdiction
England and Wales
Judgment Date
09 May 2019
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Robbery, Burglary, Theft, Sentencing, Consecutive Sentences, Totality Principle
Criminal Law Robbery Burglary Theft Sentencing Consecutive Sentences Totality Principle

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Parties

Regina

Respondent

Lee Robert Walker

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

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

Ratio Decidendi

The judge was entitled to categorise the robbery as 2C and the burglary in the upper half of category 1. The theft of the vehicle constituted separate criminality and justified a consecutive sentence. 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