R v Cortez Watson-Berry
[2024] EWCA Crim 1098
R v Emmanuel Orlu
6 February 2024
[2024] EWCA Crim 171
Court of Appeal
A young man was sentenced to 3 years in prison for robbery and carrying a knife. He said he was forced to do it by a gang. The appeal court agreed that the judge didn't properly consider his situation and reduced his sentence to 2 years. He will also get credit for time he's already served.
Key Facts
- •Emmanuel Orlu (appellant), aged 18 at the time of the offences, pleaded guilty to two counts of robbery and one count of possessing an offensive weapon.
- •The robberies occurred on the same day, at the same location, involving the theft of a bicycle and a jacket/bag.
- •Orlu was a victim of modern slavery, a fact accepted by the Single Competent Authority.
- •Orlu claimed he committed the robberies under coercion from a gang to repay a debt.
- •He had a prior criminal record, including convictions for possessing bladed articles.
- •The judge sentenced Orlu to 3 years' detention in a young offender institution, with all counts running concurrently.
- •Orlu appealed his sentence.
Legal Principles
Sentencing guidelines for robbery, considering culpability (A, B, C) and harm.
Definitive Sentencing Guidelines for Street Robbery
Sentencing offenders with mental disorders; initial culpability assessment followed by consideration of whether culpability was reduced by impairment.
Sentencing Guidelines for Sentencing Offenders with Mental Disorders
Mandatory minimum sentence for possession of a bladed article (fourth conviction).
Section 315(3) of the Sentencing Act 2020
Considerations for suspending a sentence; factors such as history of poor compliance, risk to public, and whether immediate custody is necessary.
Sentencing Guidelines
Credit for time spent on remand and under electronic curfew; Section 325 of the Sentencing Act 2020.
Section 325 of the Sentencing Act 2020
Outcomes
Appeal allowed; sentence on Count 1 reduced to 2 years' detention.
The judge failed to properly consider the appellant's basis of plea and mitigating factors related to modern slavery and cognitive impairment. The court found the original sentence to be manifestly excessive.
Concurrent sentences on Counts 2 and 3 remain unaffected.
No error was found in the sentencing for these counts.
229 days spent on remand and 126 days under electronic curfew to count towards the sentence.
Correct application of Section 325 of the Sentencing Act 2020.