Gary Boothe [2019] EWCA Crim 929

The offender pleaded guilty to various counts including two robberies, thefts and possession of bladed articles, various other offences were to be taken into consideration. Extended sentences of 10 years comprising custody of 5 years were imposed along with a determinate sentence of 6 months to be served consecutively.

This was a Reference by the Attorney General where it was submitted that the robberies were placed in the wrong category, the production of the knife demonstrated higher culpability and serious psychological harm would be relevant as to whether it was a category A1 or A2 case or somewhere in between. It was further argued that insufficient weight was given to the “seriously aggravating feature of the catalogue of additional acquisitive offending”; there was too generous an adjustment to reflect totality; and error was made in further adjusting the custodial term downwards to take account of the different early release regime that applies to an extended sentence.

Held: the sentences passed for the robberies were unduly lenient particularly bearing in mind the effects on the victims of the use of a knife. Although the sentences for the various other offences were not unduly lenient viewed in isolation, the overall sentence failed to adequately reflect the catalogue of criminality.

For the two robberies a sentence of 8 years on each was appropriate, the sentences were quashed, and an extended sentence of 13 years was imposed for the robberies, comprising an 8 year custodial period. The determinate sentences remain consecutive to the extended sentence.