Criminal Law · The Court of Appeal of England and Wales (Criminal Division)
R v Ashley Burt
Facts
The appellant, Ashley Burt, then aged 40, had an extensive criminal record: 49 convictions for 95 offences committed over the 20 years between March 1999 and February 2019, including 7 offences against the person, 24 offences against property, 30 theft and kindred offences and two offences relating to firearms or offensive weapons. On 21 February 2019 he was convicted at Bristol Crown Court of wounding with intent to do grievous bodily harm and sentenced to 12 years' imprisonment; he was released on licence on 22 August 2024 having served half that sentence. Five days later, at about 4.00 pm on 27 August 2024, he entered Stokes Croft Pharmacy in Bristol and asked to speak to the pharmacist, Philip Hunt, then aged 75. When Mr Hunt came out from behind the counter to provide a consultation, the appellant grabbed him from behind, held a hypodermic needle to his neck and threatened to infect him with AIDS unless he was given methadone. Another customer fetched a group of workmen from outside, who came in and challenged the appellant; he dropped the needle and left. He was identified from CCTV, arrested in the early hours of the following morning and refused to be interviewed. He pleaded guilty at the PTPH on 17 January 2025 to assault with intent to rob and to having an article with a blade or point, and was sentenced by Mr Recorder Langdon KC to an extended determinate sentence of 8 years 8 months, comprising a custodial term of 4 years 8 months and an extended licence period of 4 years. He appealed with the leave of the single judge.
What did the court decide?
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