R v Robert Jones

For robbery sentencing under the relevant guideline, a brief threat with an uncapped needle does not of itself establish psychological harm beyond minimal where the evidence shows no more than a short-lived frightening incident. Such an offence falls within the lower harm category if the evidence supports that assessment.

Where medium culpability already encompasses the weapon used, the particular type of non-bladed weapon does not, without more, justify moving upwards within the guideline range. Serious and closely similar previous offending, and offending driven by drug withdrawal, may nevertheless justify a sentence above that range. Credit for a guilty plea must then be applied to the proper post-trial sentence.

The appellant pleaded guilty at Maidstone Crown Court to robbery after threatening a Co-op employee with an uncapped needle and stealing meat. The recorder categorised the offence as category 2B under the robbery guideline and imposed five years and three months’ imprisonment after guilty-plea credit.

With the single judge’s leave, the appellant appealed against sentence. He contended that the offence was category 3B because the victim had suffered no more than minimal psychological harm, and that the recorder had wrongly aggravated the sentence because the weapon was a needle and because of non-compliance with previous orders.

The central issue was the proper guideline category and the resulting sentence.

1. Appeal allowed. The sentence of five years and three months’ imprisonment was manifestly excessive. The court substituted a sentence of three years and nine months’ imprisonment.

2. The offence was category 3B, not category 2B. Although the incident was frightening, it was short-lived and the victim’s statement contained no evidence of psychological damage beyond minimal harm. The applicable starting point was therefore two years’ imprisonment, with a range of one to four years.

3. The recorder should not have moved upwards within that range merely because the weapon was an uncapped needle. Medium culpability under the guideline already covers weapons other than bladed articles, firearms and imitation firearms. On the facts, the needle fell squarely within that category.

4. Nor did the appellant’s history justify aggravation for failure to comply with previous court orders. His most recent community order had been imposed on the day he was arrested and remanded for the present offence, so he had been unable to begin it.

5. Nevertheless, the appellant’s numerous previous convictions, including similar theft and assault offences during the same month, justified a post-trial sentence above the category 3B range. The court also accepted that drug withdrawal had driven the offending. Those aggravating features were balanced against the appellant’s positive rehabilitative progress in custody.

6. The proper post-trial sentence was five years’ imprisonment. Applying 25 per cent credit for the guilty plea produced three years and nine months’ imprisonment.

• Court of Appeal (Criminal Division): Allowed the appeal against sentence and substituted three years and nine months’ imprisonment.

• Crown Court at Maidstone: The appellant pleaded guilty to robbery on 25 January 2023. On 27 April 2023, the recorder imposed five years and three months’ imprisonment.