Youssefi, R. v [2025] EWCA Crim 899 (19 June 2025)

Youssefi, R. v [2025] EWCA Crim 899 (19 June 2025)

The sentencing judge erred by failing to step back and test the overall sentence against the requirement that the total sentence is just and proportionate for the offending as a whole, as required by the Totality guidelines. The appeal is allowed to the extent that the sentences for robbery and attempted robbery are reduced to three years each, to run consecutively, resulting in a total sentence of ten years' imprisonment.

Citation
[2025] EWCA Crim 899
Parties
Prosecution: Rex; Appellant: Michael David Youssefi
Jurisdiction
England and Wales
Judgment Date
19 June 2025
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Robbery, Attempted Robbery, Possession of Bladed Article, Sentencing, Totality Principle
Criminal Law Robbery Attempted Robbery Possession of Bladed Article Sentencing Totality Principle

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Parties

Rex

Prosecution

Michael David Youssefi

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge failed to properly apply the totality principle resulting in a manifestly excessive sentence
  2. 2 Whether the overall sentence was just and proportionate

Ratio Decidendi

The sentencing judge erred by failing to step back and test the overall sentence against the requirement that the total sentence is just and proportionate for the offending as a whole, as required by the Totality guidelines. The appeal is allowed to the extent that the sentences for robbery and attempted robbery are reduced to three years each, to run consecutively, resulting in a total sentence of ten years' imprisonment.

Court Disposition

appeal allowed in part

Orders

  • Original sentence for robbery on 9 May 2022 quashed and replaced with 3 years' imprisonment consecutive.
  • Original sentence for attempted robbery on 27 April 2024 quashed and replaced with 3 years' imprisonment consecutive.