Byrne [2018] EWCA Crim 2729

The defendant was sentenced for a number of robberies, some of which involved the use of a knife. The Court’s decision was to restructure the sentence although this did not affect the overall length. The exercise of restructuring increased certain elements but reduced others, it did not, therefore, offend against s11(3) of the Criminal Appeal Act 1968 and was in accordance with the guidance in Thompson [2018] EWCA Crim 639. The guidance in Bondzie [2016] EWCA Crim 552 had not been considered by the lower court, the sentencing judge did not spell out the degree to which she took account of the evidence concerning the local prevalence of knife-point robberies as she should have done. It did not appear, however, that she had given any undue weight to the issue.