Simmonds, R. v [2023] EWCA Crim 699 (23 May 2023)

Simmonds, R. v [2023] EWCA Crim 699 (23 May 2023)

The sentencing judge was entitled to find that the applicant was party to a conspiracy to rob involving contemplation of serious violence and high-value goods, and to attribute weight to aggravating factors including breach of licence. The applicant's lesser role was reflected in a reduced sentence compared to co-defendants. There was no arguable basis for challenging the sentence as wrong in principle or manifestly excessive.

Citation
[2023] EWCA Crim 699
Parties
Applicant: Wayne John Simmonds; Respondent: Rex (The Crown)
Jurisdiction
England and Wales
Judgment Date
23 May 2023
Procedural Posture
Criminal Appeal / Renewed Application for Extension of Time to Apply for Leave to Appeal Against Sentence
Outcome
Renewed application for extension of time to apply for leave to appeal against sentence dismissed.
Legal Topics
Conspiracy to Rob, Conspiracy to Supply Controlled Drugs, Serious Crime Prevention Order, Sentencing, Appeal Procedure, Aggravating and Mitigating Factors, Totality Principle
Criminal Law Conspiracy to Rob Conspiracy to Supply Controlled Drugs Serious Crime Prevention Order Sentencing Appeal Procedure Aggravating and Mitigating Factors Totality Principle

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Parties

Wayne John Simmonds

Applicant

Rex (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Renewed Application for Extension of Time to Apply for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence for conspiracy to rob was wrong in principle or manifestly excessive
  2. 2 Whether the sentencing judge misinterpreted the nature of the conspiracy or the applicant's role
  3. 3 Whether aggravating and mitigating factors were properly applied

Ratio Decidendi

The sentencing judge was entitled to find that the applicant was party to a conspiracy to rob involving contemplation of serious violence and high-value goods, and to attribute weight to aggravating factors including breach of licence. The applicant's lesser role was reflected in a reduced sentence compared to co-defendants. There was no arguable basis for challenging the sentence as wrong in principle or manifestly excessive.

Court Disposition

Renewed application for extension of time to apply for leave to appeal against sentence dismissed.

Orders

  • Record to be amended to include victim surcharge order of £190.