Tyrone Conway [2019] EWCA Crim 1442

The appellant was convicted of robbery and sentenced to 5 years and 6 months’ imprisonment. Two female members of staff in an amusement arcade were approached by the appellant who was armed with a hammer demanding money; he was given a quantity of cash before leaving the scene.

The sentencing judge determined the offence to be a category 2B which had a starting point of 4 years, with several aggravating features. The appellant was subject to post sentence supervision, he had concealed his identity, it was pre-planned and a prolonged incident.

Held: the case was rightly placed in category 2B with a notable aggravating feature of these being vulnerable premises in the early hours of the morning. Insufficient weight was attached to the very unsophisticated nature of the offence, the lack of lasting harm (the victims being ‘made of stern stuff’) and the fact the appellant had no convictions for robbery or serious violence. The sentence was quashed and substituted was a sentence of 4 years and 6 months.