R v Callum Curtis Johnson
[2023] EWCA Crim 771
R v Ammuod Osmen
17 July 2024
[2024] EWCA Crim 848
Court of Appeal
A man was sentenced to 5 years in prison for trying to rob someone. The appeals court thought this was too harsh and reduced it to 3.5 years because while he did bad things, they weren't bad enough to justify the longer sentence. They also added a small fine that was forgotten about at first.
Key Facts
- •Appellant convicted of attempted robbery (Criminal Attempts Act 1981, section 1(1))
- •Incident occurred on July 6, 2023, around 11:50 pm
- •Appellant approached victim, grabbed his arm, and attempted to take his money
- •Victim resisted, appellant implied possession of a weapon (possibly a finger)
- •No property was stolen; victim filmed appellant
- •Appellant subsequently identified and arrested
- •Appellant aged 25, with 17 convictions for 45 offences, including wounding with intent
- •Appellant breached a criminal behaviour order and a community order at the time of the offence
- •Recorder sentenced appellant to five years' imprisonment
- •Appeal against sentence based on excessiveness
Legal Principles
Sentencing guidelines for attempted robbery
Relevant sentencing guideline (not specified in detail)
Consideration of aggravating and mitigating factors in sentencing
Common law sentencing principles
Outcomes
Appeal allowed; sentence reduced
Court of Appeal found the original sentence of five years to be manifestly excessive given the facts. While aggravating factors existed, they did not justify placing the offense in a higher sentencing bracket. The Court considered a sentence at the top of the appropriate guideline range would have been suitable for the completed offense, but reduced it for the attempt.
Sentence reduced to three and a half years' imprisonment
Reflects the attempted nature of the offense, and considers the victim's actions in thwarting the robbery.
£228 surcharge imposed
The surcharge was omitted at the original sentencing and the Court of Appeal deemed it appropriate to add this.