Roe, R v

Roe, R v

The sentence imposed was within the permissible range for the gravity of the offence and the impact on the victim; the judge was entitled to treat the appellant as a dangerous offender and to impose a sentence at the top of the available range.

Parties
Respondent: Regina; Appellant: Michael Roe
Jurisdiction
England and Wales
Judgment Date
18 February 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Robbery, Sentencing, Dangerous Offender Provisions, Impact on Victim
Criminal Law Robbery Sentencing Dangerous Offender Provisions Impact on Victim

Case Brief

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Parties

Regina

Respondent

Michael Roe

Appellant

Procedural Posture

Criminal Appeal / Judgment on 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 robbery committed in the home with violence
  2. 2 Whether the sentencing judge properly applied the Sentencing Guidelines Council's approach to violent personal robberies in the home

Ratio Decidendi

The sentence imposed was within the permissible range for the gravity of the offence and the impact on the victim; the judge was entitled to treat the appellant as a dangerous offender and to impose a sentence at the top of the available range.

Court Disposition

appeal dismissed

Orders

  • The sentence of imprisonment for public protection with a minimum term of four years based on a notional determinate term of 12 years is upheld.
  • No certificate for a point of law of general public importance granted.