Court of Appeal dismisses appeal against a sentence of three years’ imprisonment with final six months suspended, imposed for an attempted assault and robbery of a bicycle, on the grounds that: the offence is of a serious nature and had an undoubted effect on the injured party; there were a number of aggravating factors; while no headline sentence was identified, the sentence was entirely within the margin of appreciation afforded to the judge; and six months' suspension is a significant discount for mitigation.
Criminal Law – robbery - appeal against severity of sentence – appellant sent forward on a signed plea of guilty – three years’ imprisonment with final six months suspended imposed – injured party was cycling to her job at 3:45am – appellant was intoxicated and began to run after the injured party – injured party tried to pick up speed but appellant pushed her from the bike where she fell and injured herself – appellant stood over the injured party and aimed a punch at her but fortunately it did not connect with her – injured party made her escape – appellant took the bike and cycled back home – incident was captured on CCTV – whether the judge did not give sufficient weight and balance to the evidence adduced in the mitigation of sentence – whether the judge erred in law in the sentence in not taking a number of factors – judge did not give sufficient weight and balance to the appellant’s age and personal circumstances – judge did not give sufficient weight and balance to the fact that the appellant was under the influence of a large amount of prescription medication and alcohol – offence is of a serious nature and had an undoubted effect on the injured party – a number of aggravating factors – while no headline sentence was identified, the sentence was entirely within the margin of appreciation afforded to the judge – six months suspension is a significant discount for mitigation – appeal dismissed.