R v Alan Francis Roberts
2022
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
- LADY JUSTICE SIMLER DBE
- MRS JUSTICE CUTTS DBE
- HIS HONOUR JUDGE MICHAEL CHAMBERS QC
Areas of Law
- Criminal Law and Procedure
2022
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
The Court of Appeal, constituted by Lady Justice Simler, Mrs Justice Cutts, and His Honour Judge Michael Chambers QC, reviewed a sentence imposed after a jury trial in the Crown Court at Liverpool before Martin Spencer J. The appellant was convicted of wounding with intent (Offences Against the Person Act 1861, s 18) and possession of a firearm with intent to endanger life (Firearms Act 1968, s 16), but acquitted of attempted murder. The incident occurred at The Old Bank pub in Huyton, where co-accused James Freeman arrived armed, injured the appellant in a tussle, was overpowered, and was then shot twice in the chest by the appellant after being disarmed. Treating the firearms count as the lead offence, the judge placed the case in category 2A, set a 14-year starting point, and imposed 12 years concurrent with seven years for the wounding, reflecting aggravation and mitigation. On appeal, Mr Johnson QC argued the case was a unique instance of excessive self-defence warranting category 2B and a lower sentence. The Court held the judges evaluative approach was correct and dismissed the appeal.
LADY JUSTICE SIMLER: Introduction
On 18 January 2022 in the Crown Court at Liverpool before Martin Spencer J and a jury, the appellant was convicted of wounding with intent, contrary to section 18 of the Offences Against the Person Act 1861 (count 5) and possessing a firearm with intent to endanger life, contrary to section 16 of the Firearms Act 1968 (count 6). He was acquitted of attempted murder (count 4). The judge sentenced him on 25 February 2022 to concurrent terms of imprisonment of seven years on count 5 and 12 years on count 6. There was a co-accused, James Freeman, who pleaded guilty to wounding with intent to cause grievous bodily harm and to possession of a firearm with intent to endanger life. He was sentenced to an extended determinate sentence of 18 years and six months, comprising a custodial term of 14½ years and an extension period of four years, the judge having found him to be dangerous . The appellant now appeals against sentence with leave of the single judge and has had the benefit of representation from Mr Johnson QC, to whom we are grateful.
The facts
The offences took place on 17 May 2021 at The Old Bank public house in the Huyton area of Liverpool. The appellant was in the patio area of the pub with his partner when James Freeman approached on an electric bike. Freeman was wearing a black coat with his hood up and his face concealed. On seeing Freeman approach the appellant appeared spooked. He pulled his own hood up and ran inside the pub. Freeman was armed with a loaded semi-automatic pistol. He got off the bike and ran into the pub following the appellant. The appellant waited just inside the door and as soon as Freeman entered there was a tussle between the two men. During the tussle Freeman discharged the weapon injuring the appellant in the groin. The tussle continued and spilled out onto the patio area. Customers at the pub intervened and Freeman was overpowered. He was kicked and punched to the ground. The appellant took the firearm from Freeman and tried to shoot him with it. The weapon appeared to misfire. The appellant then pulled back the slide on the gun and ejected the misfired cartridge. He then shot Freeman twice in the chest at close range, before making off on the bike that Freeman had arrived on. In doing so he took the gun away with him and was able to dispose of it in circumstances where it has never been found.
Freeman having been shot managed to stagger away and an ambulance was called. Neither shot pr