R v Esprit and others

Sentence – Imprisonment. The defendants had been convicted of robbery. The Court of Appeal, Criminal Division, following a reference by the Attorney General pursuant to s 36 of the Criminal Justice Act 1988, held that the judge had erred by deciding that the sentences should be discounted by 50% because he had been sentencing 'lesser offenders'. Although the defendants' precise roles in the robbery had been difficult to define, the evidence had established, at the very least, their full and significant involvement. Consequently, the sentence for each of the three defendants would be five years' imprisonment.

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