Court of Appeal allows appeal against sentence in robbery case

Violet Smart represented the applicant, AA, who had been sentenced following her guilty plea to robbery, to 30 months’ imprisonment. The applicant’s plea had been entered at a late stage of proceedings, owing to fitness to plead issues which were raised at the Crown Court (but not the Magistrates’ Court by the duty solicitor) and only resolved shortly prior to the PTR. Her guilty plea was entered within 3 days of receiving the report.

In sentencing her, the judge had given credit of 16.6%, reduced for the late stage at which she pleaded. The Court accepted Violet’s argument that where fitness was properly in issue, it was right that this was resolved prior to the entering of pleas, notwithstanding the strength or otherwise of the evidence. The appropriate amount of credit to have awarded was therefore 25%, in line with what would have been attracted at the PTPH. The sentence was therefore substituted with one of 27 months.

Violet was instructed by Milan Charles of MTC Solicitors.