Leacock & Anor, R. v [2013] EWCA Crim 1171 (13 June 2013)

Leacock & Anor, R. v [2013] EWCA Crim 1171 (13 June 2013)

The original sentences were excessive given the aggravating features and the degree of planning; Leacock's extended sentence was justified, but Samuels' extended sentence was not supported by sufficient evidence of dangerousness; sentencing disparity was warranted due to Leacock's greater role.

Citation
[2013] EWCA Crim 1171
Parties
Prosecution: Regina; Appellant: Nicholas Leacock; Appellant: Marvin Samuels
Jurisdiction
England and Wales
Judgment Date
13 June 2013
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Robbery, Dangerousness, Extended Sentence
Criminal Law Sentencing Robbery Dangerousness Extended Sentence

Case Brief

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Parties

Regina

Prosecution

Nicholas Leacock

Appellant

Marvin Samuels

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed for conspiracy to rob were excessive
  2. 2 Whether the offence constituted a professional commercial robbery
  3. 3 Whether the extended sentence for Samuels was justified under dangerousness criteria

Ratio Decidendi

The original sentences were excessive given the aggravating features and the degree of planning; Leacock's extended sentence was justified, but Samuels' extended sentence was not supported by sufficient evidence of dangerousness; sentencing disparity was warranted due to Leacock's greater role.

Court Disposition

appeal allowed in part

Orders

  • Leacock's sentence reduced to 11 years (8 years custodial, 3 years extended licence)
  • Samuels' extended sentence quashed and replaced with 7 years custodial