Where the role of an offender in a joint criminal enterprise cannot be determined, the offender is sentenced on the basis of participation in the joint enterprise, not on the basis of the least serious facts consistent with the jury's verdict. The absence of evidence about lasting victim injury is a neutral factor — it cannot be treated as mitigating. The R v Henry guideline for armed robbery applies with moderation to robbery in company, and an attack by multiple persons on an isolated pedestrian with actual violence may be objectively more serious than the typical armed robbery considered in the guideline.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
2 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.