R v Callum Curtis Johnson

For sentencing under the robbery guideline, culpability and harm must be assessed by the actual force used and the actual physical and psychological effect on the victim. Force which causes a victim to fall may be more than minimal, but only just so; minimal harm may nevertheless place the offence in harm category 3.

Serious aggravating features, including recent analogous offending, targeting a lone vulnerable person, offending on bail and intoxication, may justify the top of the applicable range despite an attempted rather than completed robbery. Where full credit for a guilty plea reduces the custodial term below four years, an extended sentence is unavailable.

The appellant pleaded guilty at Sheffield Crown Court to attempted robbery, contrary to section 1(1) of the Criminal Attempts Act 1981. He attempted to take an electric car from its 65-year-old owner at night. During a struggle, the owner fell and sustained cuts, grazes and head pain.

The Recorder treated the offence as category 2B under the robbery guideline, found the appellant dangerous, and imposed an extended sentence of six years: four years’ custody and a two-year extension period. The appellant appealed against sentence, challenging the guideline categorisation, the custodial term and the availability of an extended sentence.

1. The appeal against sentence was allowed. The court held that the Recorder had been entitled to find that the force used exceeded minimal force. The victim was involved in a struggle and was forced to the ground. The degree of force was, however, close to minimal, so that culpability fell only just within category B.
2. The victim suffered minimal physical and psychological harm. His injuries were limited, and his victim personal statement showed that the event had not been life-changing for him. The proper guideline categorisation was therefore category 3B, with a starting point of two years’ custody and a range of one to four years.
3. The appropriate pre-plea sentence remained four years’ imprisonment, at the top of that range. The offence was an attempt, but there were substantial aggravating features: a serious record including a recent robbery of a vulnerable person, the targeting of another lone vulnerable person, offending late at night, the high-value vehicle, offending while on bail, and apparent intoxication. The court would have selected the same pre-plea term even on a category 3C classification.
4. Full credit for the guilty plea reduced the custodial term to 32 months. As that term was below four years, an extended sentence could not be imposed. The court substituted a sentence of 32 months’ imprisonment, with release at the halfway point subject to licence and recall provisions.

• Court of Appeal (Criminal Division) — allowed the appeal against sentence in [2023] EWCA Crim 771 and substituted 32 months’ imprisonment.
• Crown Court at Sheffield — on 27 January 2023, imposed an extended sentence of six years, comprising four years’ custody and a two-year extended licence period.