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Criminal Defence Articles

What is the maximum sentence for Conspiracy to Commit Armed Robbery?

Stuart Miller Solicitors | Criminal Defence Solicitor

Conspiracy to commit armed robbery is a very serious offence in England and Wales and the consequences of being charged with this offence, let alone potentially convicted, are very serious. If you are concerned about a charge that you are facing, or could be in future, it is vital that you understand what the maximum sentence for the offence of conspiracy to commit armed robbery might be, and understand where to get more help. This article will cover the basics of the offence, i.e. what constitutes conspiracy to commit armed robbery, and discuss the maximum possible sentence you might face. We’ll also explore key points from the sentencing guidelines and explain how a solicitor can help lessen your sentence.

What is the offence of conspiracy to commit armed robbery?

Conspiracy to commit armed robbery is a serious criminal offence in England. It involves an agreement between two or more individuals to engage in armed robbery, which is the theft of property using or threatening the use of a weapon. This offence is governed primarily by the Criminal Law Act 1977 and the Theft Act 1968.

Under English law, to secure a conviction for conspiracy to commit armed robbery, the prosecution must prove the following elements:

  1. Agreement: There must be an agreement between two or more people to commit the armed robbery. A mere discussion or intention to commit the crime is insufficient.
  2. Intent: Both parties must have intended to participate in the conspiracy and must have had the requisite intent to carry out the planned armed robbery.
  3. Overt Act: Although it is not always necessary to prove that an overt act was carried out in furtherance of the conspiracy, evidence of actions taken towards the preparation or execution of the robbery can strengthen the prosecution’s case.
  4. Knowledge: The parties involved must be aware of the conspiracy and the plan to commit armed robbery.

Examples of conspiracy to commit armed robbery include:

  • Two individuals plan to rob a bank together, discussing the use of firearms to intimidate staff.
  • A group of people agree to break into a jewellery store at night with weapons to steal high-value items.
  • Members of a gang plan to hold up an armoured vehicle transporting cash with guns.
  • A pair of thieves plan an armed home invasion to steal cash and valuables, knowing weapons will be used to threaten the occupants.
  • Two individuals plot to rob a supermarket with one brandishing a knife while the other collects money from the tills.
  • A criminal duo devises a detailed plan to rob a post office, including the use of firearms to control employees and customers.
  • A group of friends agree to raid a cash-in-transit van, armed with guns to ensure compliance from the guards.
  • Two conspirators plan to rob a convenience store, with one wielding a gun to force the cashier to hand over money.
  • A team of criminals strategises to rob a casino, planning to use firearms to intimidate security and patrons.
  • A pair of robbers plot to hijack a delivery truck carrying valuable electronics, intending to use weapons to control and quieten the driver and any potential witnesses.

What is the maximum sentence for conspiracy to commit armed robbery?

In England and Wales, the offence of conspiracy to commit armed robbery is considered a very serious crime, attracting significant penalties under the law. According to the Sentencing Council guidelines, the maximum sentence for conspiracy to commit armed robbery is life imprisonment.

The actual sentence imposed will depend on various factors, including the severity of the offence, the role of the defendant in the conspiracy, any previous criminal history, and other mitigating or aggravating circumstances.

Judges will consider the seriousness of the planned robbery, the degree of planning involved, whether any weapons were actually used, and the potential or actual harm caused to victims. Given the gravity of this offence, it is very important for anyone charged with conspiracy to commit armed robbery to seek expert legal advice from a qualified criminal defence solicitor.

What factors influence the sentencing of conspiracy to commit armed robbery?

When sentencing for the offence of conspiracy to commit armed robbery, a judge must carefully consider a range of factors to determine an appropriate and just penalty. The Sentencing Council provides guidance to ensure consistency and fairness in sentencing.

The main considerations that a judge will take into account are:

  1. Nature and Gravity of the Offence: The seriousness of the conspiracy to commit armed robbery is a primary factor. The judge will evaluate how sophisticated the plan was, the extent of the premeditation, and the roles of each participant in the conspiracy.
  2. Degree of Harm and Risk: The potential harm caused by the offence is significant. Even if the robbery was not ultimately carried out, the planned use of weapons and the possible violence or threat of violence to victims is a critical consideration.
  3. Role and Responsibility: The judge will assess the role of the individual within the conspiracy. Key organisers and leaders may face harsher sentences compared to minor accomplices or those coerced into participation.
  4. Aggravating Factors: Several factors contribute to the severity of a conspiracy to commit armed robbery, including the use or possession of firearms or other dangerous weapons, the prior criminal history of the offenders, the vulnerability of the victims, the impact on the community or public confidence, and the presence of children during the planning or potential execution of the robbery.
  5. Mitigating Factors: Likewise, several mitigating factors can influence the assessment of a conspiracy to commit armed robbery, including a lack of previous criminal history, evidence of coercion or limited involvement in the conspiracy, the offender’s age and maturity, particularly if they are very young or had a troubled upbringing, demonstrated remorse and willingness to cooperate with authorities, and steps taken towards rehabilitation, such as engagement in educational or vocational training.
  6. Guilty Plea: An early guilty plea can result in a reduced sentence. The Sentencing Council advocates for a reduction in sentence to encourage timely admissions of guilt, which can save court time and reduce the stress

How can a solicitor help with reducing the sentence for conspiracy to commit armed robbery?

Facing a charge of conspiracy to commit armed robbery is an extremely serious matter that can lead to severe penalties, including lengthy prison sentences. Engaging a skilled criminal defence solicitor is crucial in such circumstances and can significantly influence the outcome of your case, including the potential reduction of your sentence.

Why it’s a good idea to engage a solicitor:

  • A solicitor provides invaluable expertise and legal acumen that can lead to favourable outcomes. They can scrutinise the details of your case, identify weaknesses in the prosecution’s evidence, and potentially negotiate a plea bargain.
  • Solicitors are also adept at presenting mitigating circumstances to the court, which can be pivotal in reducing the severity of your sentence. They understand the complexities of criminal law and can navigate the legal system efficiently, ensuring that your rights are protected throughout the process.

When selecting a solicitor for a charge as grave as conspiracy to commit armed robbery, consider the following:

  • Specialisation: Opt for a solicitor who specialises in criminal defence, particularly with experience in similar cases.
  • Track Record: Look for a proven history of successfully defending clients against serious charges.
  • Reputation: Seek recommendations or read reviews to gauge the solicitor’s standing in the legal community.
  • Contactability: Ensure the solicitor is accessible and demonstrates a willingness to communicate regularly.
  • Transparency: Choose someone who is upfront about their fees and the likely costs of your defence.

During your initial consultation with a solicitor, expect a comprehensive discussion about your case. The solicitor will ask detailed questions about the circumstances of the alleged offence to gain a clear understanding of the facts. They will explain the legal processes involved, potential defences, and what the prosecution needs to prove to secure a conviction. Additionally, the solicitor will outline possible outcomes, including worst-case and best-case scenarios. This first meeting is also an opportunity for you to ask questions and assess whether you feel comfortable working with them.

Where to get more help

Concerns about the potential sentence you might receive for conspiracy to commit armed robbery can be overwhelming, and you undoubtedly have several important questions on your mind. For more help and guidance on sentencing and other matters related to the offence of conspiracy to commit armed robbery, get in touch with the team at Stuart Miller Solicitors today. Our friendly and non-judgemental staff are on hand to assist with your case, no matter your circumstances, guilt, or innocence.

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