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R v Frankie Maughan

[2024] EWCA Crim 1182
A man was given a light sentence for robbing and threatening a vulnerable person. A higher court reviewed the case and decided the original sentence was too short, giving him a much longer prison term to reflect the seriousness of his crimes and his criminal record.

Key Facts

  • Frankie Maughan, born 27 May 2002, pleaded guilty to robbery and fraud.
  • He targeted a vulnerable victim, 'cuckooed' his home, threatened him with a machete, and stole his bank card.
  • Maughan fraudulently used the card for £3,620.83.
  • The victim suffered significant psychological harm and was forced to leave his home.
  • Maughan had six previous convictions for eight offences, including grievous bodily harm.
  • He was on licence for a previous sentence when he committed these offences and was recalled to custody.
  • The Crown Court sentenced him to 20 months' imprisonment (20 months for robbery, 12 months concurrent for fraud).

Legal Principles

Unduly lenient sentence referral under section 36 of the Criminal Justice Act 1988.

Criminal Justice Act 1988

Sentencing guidelines on robbery in a dwelling (Sentencing Council Guideline).

Sentencing Council Guideline on Robbery in a dwelling

Sentencing guidelines on offences of fraud (Sentencing Council Guideline).

Sentencing Council Guideline on Offences of Fraud

Sentencing guideline on totality for multiple offences or consecutive sentences.

Sentencing Council Guideline on Totality

Principles for unduly lenient sentence appeals (Attorney General's Reference (Azad)).

Attorney General's Reference (Azad) [2021] EWCA Crim 1846

Prosecution concessions on categorisation of offences are not binding on the Court of Appeal.

Attorney General’s Reference (R v Stewart) [2016] EWCA Crim 2238

Outcomes

The Solicitor General's application for leave to refer the sentence was granted.

The Court of Appeal found the original sentence unduly lenient, considering the severity of the offences, the victim's harm, and the offender's previous convictions. The original sentencing failed to adequately reflect the totality of the offending and the aggravating factors.

The Court of Appeal substituted a sentence of 4½ years' custody.

This sentence reflects the gravity of the robbery as the lead offence, considering the totality of the offending, including the previous convictions, and allows for the concurrent fraud sentence.

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