A planned and organised robbery of a travellers’ site fell within Category 1A of the “robbery in a dwelling” sentencing guideline. The starting point was 13 years’ imprisonment, and the range was 10 to 16 years. Although the guideline indicated that a sentence of more than 13 years could be imposed in a case of particular gravity, the reference to 13 years was an error and had to be read as 16 years. The concept of “particular gravity” was not limited to cases in which extreme violence had been used.
The appropriate sentence to be imposed on an offender who had pleaded guilty to stalking over a three-month period was three years’ imprisonment. In imposing a seven-year extended sentence, the sentencing judge had been wrong to assess harm as high, and had been wrong to find that the offender was dangerous.
A 16-year extended sentence for the rape of an ex-partner was neither manifestly excessive nor wrong in principle where the judge had been entitled to conclude that the offender was dangerous and a post-sentence report documented no change in mentality. There could also be no proper complaint about a concurrent 12-year sentence imposed for a second count of rape against the same victim.
Professional criminals who persisted in dealing with Class A drugs, after having been previously convicted and punished by a substantial term of imprisonment, required appreciably longer terms of imprisonment than others when they were subsequently convicted again. Accordingly, a judge was entitled to move into the category 1 range, and specifically, to the top of that range, in relation to an offender with previous convictions for drug offences who had pleaded guilty to two counts of conspiracy to supply a controlled drug.
A judge had failed to have proper regard to the sentencing guidelines for children and young people when sentencing an 18-year-old for an offence of manslaughter committed when she was 17. The sentence imposed of nine years’ detention did not reflect the age, immaturity and resultant culpability of the offender at the date of the offence, and was reduced to five years’ detention.