Joseph Neill [2019] EWCA Crim 1776

The appellant stole a handbag from an 80-year-old woman in the street, causing her to fall to the ground. He pleaded guilty to robbery and was sentenced to 2 years imprisonment.

The issue that troubled the single judge was the reference by the sentencing judge to the appellant dragging the victim along the ground.

Held: the judge was under a misapprehension about the precise events when the bag was dragged from the victim’s hand. The real question is whether more than minimal force was used and on any view it plainly was.

The appeal was dismissed.