SENTENCING

[2018] EWCA Crim 1775 [2018] EWCA Crim 1775

There was no support for a change to the principle that consecutive sentences should not be imposed for offences arising out of a single incident. A starting point of 14 years’ imprisonment was appropriate for two counts of causing death by dangerous driving where the offender had killed two young children while disqualified from driving, run away from the scene, denied driving the vehicle, taken a mixture of drugs before driving and had several previous convictions for driving while disqualified.

An offender was sentenced to three and a half years’ imprisonment for robbing a convenience store. A three-year community order with a rehabilitation activity requirement had been unduly lenient, given the offender’s previous convictions and the fact that he had been on bail at the time of the robbery.

A sentence of four months’ imprisonment for assault by penetration by an individual against his partner of 23 years was unduly lenient; offences committed in the domestic context were no less serious than those committed in a non-domestic context. The sentence was quashed and was replaced by one of 21 months’ imprisonment suspended for 24 months.

A sentence of detention at Her Majesty’s pleasure with a minimum term of 17 years for murder was not manifestly excessive; whilst the offence was not premeditated and the young offender had had no intention to kill, he had taken a knife to the crime scene and some premeditation was inherent.

[2018] EWCA Crim 1552 [2018] EWCA Crim 1552

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.