Judge did not attach sufficient weight to young offender’s age when activating suspended sentence

Criminal law – sentencing – appeal against severity of activation of a six year suspended sentence – robbery contrary to s. 14 of the Criminal Justice (Theft and Fraud Offences) Act 2001 – robbery of cash from a person while armed with a knife – whether the sentencing judge failed to take sufficient account of the appellant’s young age – section 99 of the Criminal Justice Act 2006, as amended by s. 60 of the Criminal Justice Act 2007 and s. 51 of the Criminal Justice (Miscellaneous Provisions) Act 2009 provides – it was open to the learned Circuit judge to activate the entirety or part of the six-year sentence – there was an error of principle on the judge’s part in his decision to activate the entirety of the six years in that he did not attach sufficient weight to certain factors in particular, namely the appellant’s young age, the report of the consultant clinical psychologist, Mr. Glanville, and the fact that the triggering offences, while not minor, where nevertheless not of the most serious nature – sentence of four years imprisonment with final two years suspended substituted – appeal allowed