R v Marvell (Criminal Court of Appeal) (10/12/15)
On appeal against sentence, leave having been granted by the Single Judge, the Court of Appeal reduced the Appellant’s 16 year Extended Sentence of Imprisonment to a determinate sentence of imprisonment of 12 years.
The Appellant, who was 27 years old at the time of the offence, had pleaded guilty to Robbery and Possession of an Imitation Firearm in relation to an armed robbery at a social club in the early hours of the morning following Boxing Day. The Court of Appeal agreed with submissions that the original sentencing judge had taken too high a starting point for sentence and had little basis for concluding that the Appellant was dangerous and required an extended sentence.
The Court of Appeal also agreed with submissions that too little credit had been given for the Appellant’s guilty plea which, while it was entered on the date identified for trial, had been made as soon as the evidence against him had been received. In contrast to his co-defendants, the evidence against the Appellant comprised telephone evidence which was not served until much later on in proceedings. DNA linked the co-defendants to the scene and the complainants; this evidence had been served early during proceedings.