Considine, R. v

A professionally planned and executed commercial robbery falls outside the specific categories in Part 1 of the Sentencing Guideline Council definitive guidelines on robbery. In such a case, earlier sentencing guidance remains relevant.

Where a robbery falls within the guidelines, exceptionally serious aggravating features may move it to a higher guideline level. Multiple offenders, planning, disguise, night-time commission, detention of victims, targeting vulnerable premises and an expectation of substantial cash may justify a level 3 assessment. A sentence appeal will fail where, after proper credit for guilty pleas, the sentences imposed are not manifestly excessive.

The appellants appealed, with the single judge’s leave, against sentences imposed at Warwick Crown Court on 6 March 2008. Each received seven years’ imprisonment for conspiracy to rob. Considine received a consecutive year for witness intimidation, and Parkhouse received a consecutive three months for failing to surrender to bail.

The conspiracy concerned an armed, night-time robbery of a public house by three masked men. The offenders used an axe, a baseball bat and a kukri sword, threatened and assaulted staff, detained victims and stole about £5,550. The principal issue was whether the seven-year sentences, allowing credit for prompt guilty pleas, were outside the appropriate sentencing range under the definitive robbery guidelines.

1. The appeals against sentence were dismissed. The seven-year terms for conspiracy to rob were not manifestly excessive, even after full credit for the appellants’ guilty pleas.

2. The court rejected the submission that the robbery should be treated as a level 2 robbery. If it fell within the Part 1 guideline structure, it was at least level 3. The offence involved threats with weapons and substantial additional aggravating features.

3. The guideline permits an exceptionally serious combination of aggravating features to move an offence to a higher level. Here, the court identified restraint or detention of victims, targeting of vulnerable premises, the anticipated presence of substantial cash, multiple offenders, planning, disguise and night-time commission. Those features were sufficient to move the case from level 2 to level 3 if it had otherwise fallen within that level.

4. More fundamentally, the robbery bore the hallmarks of a professionally planned and executed commercial robbery. It therefore fell outside the specific Part 1 categories of the definitive guidelines, for which earlier Court of Appeal sentencing guidance remained relevant.

5. Whether assessed as a level 3 robbery or as a professionally planned commercial robbery outside Part 1, the appropriate starting point was a double-figure custodial sentence, clearly above ten years. The imposed terms were consequently within the proper range.

• Court of Appeal (Criminal Division) dismissed the appeals against sentence: [2008] EWCA Crim 1407.

• Crown Court at Warwick sentenced the appellants on 6 March 2008 for conspiracy to rob and associated offences.