Roe, R v [2010] EWCA Crim 357 (18 February 2010)

Roe, R v [2010] EWCA Crim 357 (18 February 2010)

The sentence of 12 years as the notional determinate term for a violent robbery in the home was at the top of the available range but not manifestly excessive, given the gravity of the offence, the impact on the victim, and the appellant's previous convictions. The sentencing judge was entitled to impose the sentence under the dangerous offender provisions.

Citation
[2010] EWCA Crim 357
Parties
Respondent: Regina; Appellant: Michael Roe
Jurisdiction
England and Wales
Judgment Date
18 February 2010
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Robbery, Sentencing, Dangerous Offender Provisions, Imprisonment for Public Protection
Criminal Law Robbery Sentencing Dangerous Offender Provisions Imprisonment for Public Protection

Case Brief

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Parties

Regina

Respondent

Michael Roe

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of imprisonment for public protection with a minimum term of four years based on a notional determinate term of 12 years was manifestly excessive for the offence of violent robbery in the home.
  2. 2 Whether the sentencing judge correctly applied the Sentencing Guidelines Council's approach to violent robberies in the home.

Ratio Decidendi

The sentence of 12 years as the notional determinate term for a violent robbery in the home was at the top of the available range but not manifestly excessive, given the gravity of the offence, the impact on the victim, and the appellant's previous convictions. The sentencing judge was entitled to impose the sentence under the dangerous offender provisions.

Court Disposition

appeal dismissed