King, R v

King, R v

The sentence of five years for robbery was not manifestly excessive given the aggravating features and the appellant's prior record. The only correction required was to express the sentence as detention in a Young Offender Institution due to the appellant's age.

Parties
Prosecution: Regina; Appellant: Shaun David King
Jurisdiction
England and Wales
Judgment Date
30 January 2009
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed except for correction of sentence type
Legal Topics
Robbery, Sentencing, Appeal, Aggravating and Mitigating Factors
Criminal Law Robbery Sentencing Appeal Aggravating and Mitigating Factors

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Shaun David King

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence imposed for robbery was manifestly excessive
  2. 2 Whether sufficient credit was given for the guilty plea
  3. 3 Whether the sentence should have been expressed as detention in a Young Offender Institution

Ratio Decidendi

The sentence of five years for robbery was not manifestly excessive given the aggravating features and the appellant's prior record. The only correction required was to express the sentence as detention in a Young Offender Institution due to the appellant's age.

Court Disposition

appeal dismissed except for correction of sentence type

Orders

  • Substitute sentence of detention in a Young Offender Institution of five years for imprisonment