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Court of Appeal accedes to DPP's statutory application and increases sentences imposed for robbery and firearms offences, on the grounds the sentences were unduly lenient where: (a) the headline sentence identified for the robbery offence was too low for each respondent, notwithstanding the sentencing judge's justified approach to differentiated final sentences, where all of the respondents were parties to a common design and shared in the intrinsic moral culpability of the basic offending conduct and where there were multiple aggravating circumstances in respect of each respondent; and (b) the sentences imposed for the firearms offence were below the presumptive five-year minimum and were outside of the norm.
Offence: in respect of each respondent, one count of robbery contrary to s. 14 of the Criminal Justice (Theft and Fraud Offences) Act 2001 and one count of possession of a firearm with intent to commit an indictable offence contrary to s. 27B of the Firearms Act 1964
Sentences:
first and fourth respondents: five years with 18 months suspended for robbery offence and concurrent sentence of three years for firearms offence
second and third respondents: six years with 12 months suspended for robbery offence and concurrent sentence of four years for firearms offence
Appeal by: prosecution (statutory application)
Outcome: sentences quashed and new sentences imposed as follows:
first respondent: seven years for robbery offence and concurrent sentence of five years for firearms offence
second respondent: seven and a half years for robbery offence and concurrent sentence of five years for firearms offence
third respondent: eight years for robbery offence and concurrent sentence of five years for firearms offence
fourth respondent: seven years and three months for robbery offence and concurrent sentence of five years for firearms offence
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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