R v Ammuod Osmen
[2024] EWCA Crim 848
Anderson v R
23 February 2023
[2023] EWCA Crim 181
Court of Appeal
A young man was sentenced for many crimes, including trying to steal cars with a knife near a school. The judge gave him a long sentence, but the appeals court made it a bit shorter because they felt it was too harsh considering all the crimes together.
Key Facts
- •Anderson pleaded guilty to 12 offences, including burglary, attempted burglary, dangerous driving, possession of a bladed article, attempted robbery, unlawful wounding, and criminal damage.
- •Offences occurred between November 2020 and May 2021.
- •The most serious offences involved attempted robberies outside a primary school while Anderson possessed a knife.
- •Anderson was 17 at the time of some offences and 18 at the time of others.
- •The judge initially sentenced Anderson to 8 years and 10 months detention.
Legal Principles
Sentencing guidelines for street and less serious commercial robberies.
Sentencing Guidelines
Totality principle in sentencing.
Sentencing Guidelines
Road Traffic Offenders Act 1988, sections 35A and 35B (disqualification from driving).
Road Traffic Offenders Act 1988
Theft Act 1968, section 9(1)(b) (burglary).
Theft Act 1968
Criminal Attempts Act 1981, section 1(1) (attempted burglary).
Criminal Attempts Act 1981
Road Traffic Act 1988, section 2 (dangerous driving).
Road Traffic Act 1988
Criminal Justice Act 1988, section 139(1) (possession of bladed article).
Criminal Justice Act 1988
Offences against the Person Act 1861, section 20 (unlawful wounding).
Offences against the Person Act 1861
Criminal Damage Act 1971, section 1(1) (criminal damage).
Criminal Damage Act 1971
Criminal Justice Act 1988, section 139A(2) (offensive weapon on school premises).
Criminal Justice Act 1988
Outcomes
Appeal partly allowed.
The sentence for attempted robbery was upheld, but the total sentence was reduced due to the judge's insufficient consideration of totality. The unlawful wounding sentence was made concurrent with the attempted robbery sentences.
Sentence on count 8 (unlawful wounding) amended to run concurrently with counts 6 and 7 (attempted robbery).
To achieve a just and proportionate sentence considering totality of the offences.
Order of no separate penalty for failure to surrender quashed.
Appellant had already been sentenced for this offence.
Disqualification from driving recalculated.
To reflect the reduced sentence and the judge's intended disqualification period.
Statutory surcharge amended.
Appellant was under 18 at the time of some offences.