Court of Appeal Quashes Extended Sentence and Finding of Dangerousness

11 December 2015

In R v Marvell (Criminal Court of Appeal) (10/12/15), an appeal against sentence, the Court of Appeal quashed a finding of dangerousness and extended sentence imposed for an offence of armed robbery, and reduced the Appellant’s 16 year Extended Sentence of Imprisonment to a determinate sentence of imprisonment of 12 years. Garden Court North Chambers’ Clare Ashcroft appeared for the Appellant.

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.

Clare was instructed by the Registrar, Quality Solicitors Jordans having instructed Clare Ashcroft for the original proceedings.