Scott Tuppen, acting for A.S., represented the defendant at a sentencing hearing at Inner London Crown Court.
Scott's client was charged with Attempted Robbery and ABH. Following trial at Inner London Crown Court, sitting at the Royal Courts of Justice, during which it was said that the defendant had used a weapon to inflict serious injuries in an attempt to steal a substantial amount of cash, the defendant was convicted.
The Sentencing Guidelines indicated that the appropriate starting point for sentencing purposes was 5-years immediate custody, with a range of 3-6 years. However, the sentencing judge accepted Scott’s submissions that there should be a reduction of one year for the fact that the robbery was attempted, but not actually carried out, the defendant having been subdued at the scene, therefore reducing the starting point for sentence to 4-years. The judge also agreed with Scott’s submissions that the significant delay in bringing charges and holding the trial were not only significant in this unusual case, but had a demonstratable impact on the defendant’s mental health, pointing to the reports and opinions of three health practitioners as support for this position. Applying all mitigating factors, the judge arrived at the decision that 2-years imprisonment was the appropriate sentence. Finding that strong mitigation had been advanced and determining that the defendant showed academic promise and strong prospects of rehabilitation, the custodial sentence was suspended. The court also found that it would be unjust to activate a suspended sentence that the defendant was subject to at the time of the offence.
Scott was instructed by Sabrina Neves of GT Stewart Solicitors & Advocates. Sabrina said:
“This is an exceptional result and is testament to Scott’s dedication and hard work throughout this case. Despite the seriousness of the offences, Scott was able to persuade the Court to give a very vulnerable defendant a second chance. The consequences of an immediate custodial sentence would have been devastating for our client. Thank you, Scott for all of your work on this case”.