Key Facts
- •Adel Yussuf, Samuel Olubode, and George Orji were convicted of conspiracy to commit robbery and conspiracy to possess an imitation firearm.
- •The robbery involved four men, one with an imitation firearm, targeting a man's home, stealing valuables.
- •The case against Yussuf, Olubode, and the others was largely circumstantial, relying on cell site data, ANPR evidence, tracker device information, and Yussuf's lie in an interview.
- •Orji pleaded guilty and admitted to being the man with the firearm.
- •Yussuf presented an alibi witness, but the judge properly directed the jury on how to consider this evidence.
- •Orji received an extended determinate sentence of 15 years and 6 months (10.5 years custody and 5 years extended licence).
- •Yussuf and Olubode received 13-year sentences.
Legal Principles
Conspiracy requires agreement with another person to pursue a course of conduct that would amount to an offence.
Judge's directions to the jury
In a conspiracy case, the jury must be sure the defendant agreed to play some part in the conspiracy, knowing the nature of the crime.
Judge's directions to the jury
A jury can draw inferences from a defendant's silence at trial.
Judge's directions to the jury
Sentencing for robbery in a dwelling considers culpability and harm caused, with aggravating factors (e.g., use of a firearm) and mitigating factors.
Sentencing Council guidelines; Judge's sentencing remarks
An extended sentence can be imposed if there is a significant risk to the public of serious harm from further offences.
Sentencing legislation; Judge's sentencing remarks
Disparity in sentencing requires demonstrating that right-thinking members of the public would consider there to be a miscarriage of justice.
Saliuka [2014] EWCA Crim 1907
Outcomes
Yussuf's appeal against conviction dismissed.
The judge's directions to the jury were unambiguous and the circumstantial evidence supported the conviction. The jury's consideration of the alibi evidence ruled out conviction based on post-robbery actions.
Orji's appeal against sentence dismissed.
The judge implicitly considered a determinate sentence but concluded that an extended sentence was necessary due to Orji's leading role, use of a firearm, previous convictions, and lack of remorse. A later conviction is irrelevant to the 2021 sentencing.
Yussuf and Olubode's renewed applications for leave to appeal against sentence refused.
The starting points for their sentences were appropriate given the circumstances. There was no significant sentencing disparity with Orji’s sentence, considering their equal participation in the robbery.