R v Rupert Earl-Ocran
[2024] EWCA Crim 1031
R v Zohirul Haque
15 October 2024
[2024] EWCA Crim 1321
Court of Appeal
A man was convicted of robbery (using a fake gun) and other offences. The judge gave him a long sentence, but the appeal court changed it. They said the judge was wrong about how much the robbery affected the victims, so they reduced the sentence, while keeping the other parts of the sentencing the same.
Key Facts
- •The appellant was convicted of robbery, possession of an imitation firearm, and possession of a controlled drug.
- •The robbery involved threatening two women in a newsagent's shop with an imitation firearm and stealing approximately £200.
- •The appellant was 39 years old at sentencing, with a previous criminal record dating back to 2007-2008.
- •The judge imposed an extended sentence of 12 years for the robbery (10 years custody, 2 years extended licence) and a concurrent 5-year sentence for the firearm offence.
- •The appeal concerned the sentences for robbery and the firearm offence; the drug sentence was unchallenged.
Legal Principles
Sentencing guidelines for robbery and firearm offences.
Sentencing Act 2020, relevant sentencing guidelines
Determining serious psychological harm in robbery cases; expert evidence not essential.
R v Chall [2019] EWCA Crim 865
Minimum sentence for firearm offences under Schedule 20 to the Sentencing Act 2020.
Sentencing Act 2020, section 311
Outcomes
The 5-year sentence for the firearm offence was upheld.
The sentence was the statutory minimum, and no exceptional circumstances were presented.
The 12-year extended sentence for robbery was quashed.
The judge erred in categorizing the robbery as causing serious psychological harm, based on insufficient evidence. The court recategorized the offence and adjusted the sentence.
A substituted sentence of 10 years (8 years custody, 2 years extended licence) was imposed for the robbery.
This reflects the top of the category 2A range for the robbery, considering the severity of the offence and lack of significant mitigation.