Judge's fury in robbery case
Mar 11 2008 By Paul Beard
A JUDGE has criticised prosecutors for accepting pleas of theft and common assault from a youth who had been charged with a violent robbery.
Judge James Pyke said the "extraordinary" decision meant he had to adopt "a wholly artificial approach" towards sentencing defendant Kayon Daniels.
Daniels, 17, of no fixed address, was sentenced to ten months detention and training after pleading guilty at the court to charges of theft and common assault at Warwick Crown Court.
Prosecuting, Nigel Wilkins said that on December 12, a 39-year-old father was walking along Kingsley Drive, Castle Bromwich, after buying a laptop computer and other items from Currys for his daughter's Christmas present.
He was approached by Daniels who asked him the time. Daniels walked away, but when Mr Concannon then turned round he was back at his side and grabbed the bag with the laptop in it, pulled it from him and ran off.
The brave victim gave chase as Daniels ran towards a car which was waiting nearby with its engine running, and wrestled him to the ground.
There was a struggle during which Daniels punched him several times to the head and body before the car driver got out and went over and kicked him in the face, picked up the laptop.
He drove off, and Daniels ran after the car, chased by Mr Concannon who caught him and there was another struggle.
But the car then turned round and drove towards them at speed and, believing it was being driven at them, Mr Concannon threw himself and Daniels over a garden wall.
That gave Daniels the opportunity to run off again, but Mr Concannon caught him for a third time and, as he was punched and threatened by Daniels, another man came to his aid and helped to hold the thief until the police arrived.
As a result of the incident Mr Concannon had a cut to his temple which needed three stitches and another to his lip which needed one stitch.
Judge James Pyke asked: "What was the justification for accepting those pleas when, on the case as it has been opened, there was a robbery and there were injuries which were beyond common assault?
"I am constrained, in the light of the pleas accepted by the prosecution, to adopt a wholly artificial approach. Extraordinary," he added, shaking his head.
Trevor Meegan, defending, urged the judge to impose a community order in the light of the three months Daniels has been in custody.
But sentencing Daniels, the judge told him: "These offences involved a high degree of violence on your part.
"It is an aggravating feature that you had an accomplice, and that man appeared on the scene and kicked the unfortunate victim to the face."
