R v Cortez Watson-Berry
[2024] EWCA Crim 1098
R v Maximus Quartey
28 June 2024
[2024] EWCA Crim 745
Court of Appeal
A young man was involved in three robberies. The judge gave him a lenient sentence. The higher court agreed the sentence was too light for the crimes but decided not to change it because the young man is doing well and showing he is changing his ways.
Key Facts
- •18-year-old Maximus Quartey pleaded guilty to three robberies committed on November 2, 2023, in Bishop's Stortford.
- •Quartey was part of a group that robbed three victims, using threats and violence, stealing phones, cash, and a necklace.
- •Quartey was sentenced to 24 months' custody (suspended for 24 months), 250 hours unpaid work, and 30 days rehabilitation activity requirement.
- •The Attorney General referred the sentence as unduly lenient.
- •Quartey claimed he was pressured into committing the robberies due to a debt.
- •Quartey expressed remorse and returned one victim's phone.
- •Quartey suffered a broken jaw in prison after the robberies.
- •Quartey was making progress on his suspended sentence order at the time of the appeal.
Legal Principles
Totality principle in sentencing.
Sentencing Guidelines
Sentencing discounts for guilty pleas.
Criminal Procedure Rules
Uplift in sentence to account for multiple offenses.
Sentencing Guidelines
Mitigation in sentencing (age, remorse, coercion, etc.).
Sentencing Guidelines
The court's discretion in reviewing unduly lenient sentences.
Section 36 of the Criminal Justice Act 1988
Offence-specific guidelines for robbery.
Sentencing Guidelines
Outcomes
The Court of Appeal granted leave to refer the sentence.
The original sentence was unduly lenient.
The Court of Appeal found the sentence to be unduly lenient.
The judge's mitigation-based reductions were excessive, resulting in a sentence significantly lower than appropriate given the seriousness of the offences.
The Court of Appeal exercised its discretion not to increase the sentence.
Quartey was making significant progress on his suspended sentence and rehabilitation, showing genuine remorse and positive change.