Ali Ahmed [2019] EWCA Crim 1183
The appellant pleaded guilty to conspiracy to rob and was sentenced to 13 years imprisonment, sentences of others involved were reduced in an earlier appeal hearing.
A group of more than seventeen men, armed with a variety of weapons, attacked a traveller site at which they hoped to find substantial amounts of money. Some occupants of the site were tied up with cable ties and some were attacked.
The appellant was 21 at the time of the offence and had a previous conviction for robbery and was on bail for supplying class A drugs. He was sentenced to 4 years imprisonment for the drugs offence so was a serving prisoner by the time he was sentenced for the conspiracy, the 13 year sentence was ordered to run concurrently.
The sentencing judge said that he drew no distinction between the roles of those involved and took account of the appellant’s youth and personal mitigation.
Held: the circumstances of the offence were of particular gravity and justified a starting point above the top of the category range. It was necessary to take account of the different roles played by the appellants and comparison was made to two co-accused dealt with in the earlier appeal. In all the circumstances a sentence of 16 years 6 months after trial was manifestly excessive and a sentence of 14 ears and 6 months would have been appropriate.
After credit of just over 20% for plea, the sentence substituted was 11 years and 6 months imprisonment.