Raithley, R. v

For a serious street robbery in which a knife is used to threaten the victim, a custodial sentence will ordinarily be inevitable, including for a young offender. Sentencing must nevertheless give proper effect to substantial personal mitigation, including good character, an early guilty plea, traumatic family circumstances, rehabilitation, and positive conduct in detention. In an appropriate case, those matters may justify a merciful reduction from an otherwise proper custodial sentence.

The appellant, aged 17 when the offence was committed, pleaded guilty at the first opportunity to robbery. With another offender, he threatened the victim with what appeared to be a knife, held it to the victim’s neck, and stole a camera and mobile telephone.

On 5 May 2009, His Honour Judge Mitchell sentenced him at Nottingham Crown Court to two years’ detention in a young offender institution. The appellant appealed with the single judge’s leave, relying on substantial personal mitigation, good character, educational progress, severance from gang associates, and his positive conduct while detained.

The issue was whether the custodial sentence adequately reflected that mitigation in a serious knife-point robbery.

1. Appeal allowed. The court substituted a sentence of 15 months’ detention in a young offender institution for the two-year sentence imposed at Nottingham Crown Court.

2. The robbery was serious. The victim was threatened with being stabbed while what he believed to be a knife was held to his neck. The court reaffirmed that offenders who carry knives and use them in robberies should expect immediate detention. A custodial sentence was therefore inevitable.

3. The applicable street-robbery guideline treated three years’ detention as the starting point after a contested trial where a weapon was used to threaten the victim and the offender was under 18. Full credit for the early guilty plea had been allowed. The court did not find the original sentence wrong when imposed.

4. However, the appellant’s mitigation was substantial. It included the traumatic deaths of his mother and grandfather, a difficult relationship with his father, previous good character, educational and vocational achievement, efforts to leave his former associates, a low assessed risk of reoffending, and impressive community support.

5. His exemplary conduct during more than three months in detention, enhanced status, and further vocational training reinforced the case for mercy. Taking those matters together, the court held that it could reduce the sentence to 15 months’ detention in a young offender institution.

• Court of Appeal (Criminal Division): In [2009] EWCA Crim 1854, allowed the appeal against sentence and substituted 15 months’ detention in a young offender institution.
• Nottingham Crown Court: On 5 May 2009, His Honour Judge Mitchell sentenced the appellant to two years’ detention in a young offender institution following a guilty plea to robbery.