Robinson & Anor v R.

Robinson & Anor v R.

The sentencing judge erred in finding Jordan 'dangerous' based on Robinson's driving and in failing to consider an extended sentence for Robinson. The appropriate sentences are 12 years imprisonment for Jordan and an extended sentence of 16 years for Robinson (12 years custodial, 4 years extended licence), with remand periods to count.

Parties
Appellant: Wesley Robinson; Appellant: Lee Jordan; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
30 April 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeals allowed
Legal Topics
Robbery, Firearm Offences, Dangerousness, Sentencing, Imprisonment for Public Protection, Extended Sentence, Guilty Plea Discount
Criminal Law Robbery Firearm Offences Dangerousness Sentencing Imprisonment for Public Protection Extended Sentence Guilty Plea Discount

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Parties

Wesley Robinson

Appellant

Lee Jordan

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the appellants were correctly found to be 'dangerous' under the Criminal Justice Act 2003
  2. 2 Whether sentences of imprisonment for public protection were appropriate
  3. 3 Appropriate length of determinate sentences and discount for guilty pleas

Ratio Decidendi

The sentencing judge erred in finding Jordan 'dangerous' based on Robinson's driving and in failing to consider an extended sentence for Robinson. The appropriate sentences are 12 years imprisonment for Jordan and an extended sentence of 16 years for Robinson (12 years custodial, 4 years extended licence), with remand periods to count.

Court Disposition

appeals allowed

Orders

  • Sentence of imprisonment for public protection quashed for both appellants.
  • Jordan sentenced to 12 years imprisonment.