R v Ammuod Osmen
[2024] EWCA Crim 848
R v Callum Curtis Johnson
21 June 2023
[2023] EWCA Crim 771
Court of Appeal
A man tried to steal a car but failed. The judge gave him a long sentence because of his bad past. The appeal court thought the sentence was too long, looked at how much harm was done, and reduced it. He'll now serve a shorter jail term.
Key Facts
- •Callum Curtis Johnson pleaded guilty to attempted robbery.
- •The victim, Timothy Halliday (65), was attacked while charging his electric car.
- •The appellant struggled with the victim, causing him cuts and grazes.
- •The appellant attempted to steal the car but failed due to the digital key.
- •The appellant had 11 previous convictions, including a robbery of a 91-year-old man.
- •The offence was committed while the appellant was on bail for a knife offence.
- •The appellant claimed to have been given a spiked drink, a claim deemed questionable.
Legal Principles
Sentencing guidelines for attempted robbery.
Sentencing Guidelines
Extended sentence provisions.
Criminal Justice Act
Credit for guilty plea.
Criminal Procedure Rules
Outcomes
Appeal against sentence allowed.
The Court of Appeal found the original sentence of 6 years (4 years custody + 2 years extended licence) to be too harsh, reclassifying the offence and reducing the sentence.
Sentence reduced to 32 months' imprisonment.
The court found minimal physical and psychological harm, reclassifying the offence to Category 3B, resulting in a lower starting point and a final sentence after accounting for the guilty plea.
Extended sentence not imposed.
The reduced sentence of 32 months does not meet the threshold for an extended sentence.