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The Court of Appeal overturned the Circuit Court's decision to wholly suspend a 4½-year sentence imposed on the defendant for a robbery involving the use of a knife and causing injury, finding that the original sentence was unduly lenient given the seriousness of the offence, the use and production of a weapon, the injury inflicted, and the defendant's previous convictions. Although the lower court relied heavily on a probation officer's recommendation and the defendant's efforts at rehabilitation, the appellate court held that the custodial threshold had been passed and that a sentence including a period in custody was required to reflect the offence's gravity and the principles of deterrence. The sentence was quashed and substituted with a 4½-year sentence, with the final 18 months suspended, thus partially, but not wholly, reversing the original approach to sentencing.
sentence review – undue leniency – robbery – assault – use of knife – probation report – custodial threshold – sentence suspension – Court of Appeal – Criminal Justice Act 1993 – Theft and Fraud Offences Act 2001 – deterrence – rehabilitation – mitigation – aggravating factors
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