R v Michael David Youssefi

R v Michael David Youssefi

The sentencing judge erred by failing to step back and test the overall sentence against the requirement that the total sentence was just and proportionate for the offending as a whole, as required by the Totality guidelines. The correct approach would have resulted in a lower overall sentence.

Parties
Prosecutor: Rex; Appellant: Michael David Youssefi
Jurisdiction
England and Wales
Judgment Date
12 March 2025
Procedural Posture
Criminal Appeal / Judgment
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

Prosecutor

Michael David Youssefi

Appellant

Procedural Posture

Criminal Appeal / Judgment

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 to the offending as a whole

Ratio Decidendi

The sentencing judge erred by failing to step back and test the overall sentence against the requirement that the total sentence was just and proportionate for the offending as a whole, as required by the Totality guidelines. The correct approach would have resulted in a lower overall sentence.

Court Disposition

appeal allowed in part

Orders

  • Original sentences for robbery (9 May 2022) and attempted robbery (27 April 2024) quashed and replaced with consecutive sentences of 3 years' imprisonment each.
  • Sentences for remaining offences undisturbed.