Toomey & Anor, R v [2004] EWCA Crim 2347 (22 July 2004)

Given the seriousness of the offence, the vulnerability of the victim, and the applicants' prior convictions, the sentences imposed were severe but not manifestly excessive.

Citation: [2004] EWCA Crim 2347
Parties: Prosecution: Regina; Applicant: Mark Anthony Toomey; Applicant: Amos Guy Francis
Jurisdiction: England and Wales
Judgment Date: 22 July 2004
Procedural Posture: Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome: applications for leave to appeal against sentence refused
Legal Topics: Robbery, Sentencing, Vulnerable Victim, Guilty Plea, Manifestly Excessive Sentence

Criminal Law Robbery Sentencing Vulnerable Victim Guilty Plea Manifestly Excessive Sentence

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Parties

Regina

Prosecution

Mark Anthony Toomey

Applicant

Amos Guy Francis

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

1 Whether the sentences imposed for robbery were manifestly excessive given the circumstances and prior convictions of the applicants.

Ratio Decidendi

Given the seriousness of the offence, the vulnerability of the victim, and the applicants' prior convictions, the sentences imposed were severe but not manifestly excessive.

Court Disposition

applications for leave to appeal against sentence refused