R v G Conspiracy to Steal at Warwick Crown Court – 2024

Over the course of 34 separate events direct loss of over £260K of equipment and an indirect loss of £127K was caused. The Prosecution alleged that the client played a leading role in the conspiracy and was the lead organiser.

A basis of plea was submitted on the client’s behalf, limiting his involvement and role in the overall conspiracy and submissions were made in relation to his categorisation at sentence.

The basis was eventually broadly accepted by the Prosecution and a Newton hearing was not necessary.

The Prosecution at sentence made submissions that the starting point for sentence was 3 years and 6 months custody with a range of 2 -6 years.

Andy obtained significant material in mitigation and the Court were persuaded to sentence the client to a suspended sentence of 21 months imprisonment suspended for two years.

In a further turn of the events, the Prosecution would appeal against the sentence imposed, on the basis that the suspended sentence was unduly lenient. The Prosecution appeal was vigorously opposed by Andy and the Court of Appeal, having heard arguments put forward on our client’s behalf declined to intervene and did not alter the sentence leaving the suspended sentence in place.

In their Judgment the Court found that: “Standing back, these were lenient sentences which at first sight appear to be far too low. We have, however, gradually come to the view that the Judge’s approach to the sentencing of all four offenders was not simply to be described as “humane”, though it certainly was. In our judgment the sentences were justifiable, though right at the bottom of the permissible range. We therefore decline to intervene”.

The full Judgment can be read here: R v Antonio Paul Counihan & Ors [2024] EWCA Crim 747

Merry Van Woodenberg of 2 Hare Court Chambers was instructed Counsel