[2010] EWCA Crim 358

Where something appearing to be a gun had been forced into the victim's mouth during a robbery, the impact on the victim had been the same as if it had been a gun and so it was to be treated as having been such for the purposes of sentencing. However, although that meant that the sentence imposed of 30 months' imprisonment had been too lenient, with a sentence of between 42 and 48 months being more appropriate, in the circumstances that had not amounted to a gross error requiring the sentence to be varied.

CA (Crim Div) (Hughes LJ (V-P) , Mackay J, Lloyd Jones J)

16/02/2010