HMA v ELLIOT JORGENSEN & ANTHONY BOYD

At the High Court in Glasgow Lord Matthews sentenced Elliot Jorgensen and Anthony Boyd after they pled guilty to involvement in an armed robbery at Rox Jewellers, Edinburgh on 15 January 2013. Elliot Jorgensen was given an extended sentence of 15 years, with a punishment part of 12 years imprisonment, and Anthony Boyd was sentenced to 10 years imprisonment.

17 June 2013

On sentencing Lord Matthews made the following statement in court:

“You have both pleaded guilty to what on any view is a most serious offence. Your involvement was not the same but each of you played a significant part in the enterprise. You Anthony Boyd were involved in the planning and preparation while you Elliot Jorgensen took an active part in what went on, having armed yourself with a gun. Whether imitation or not your actions were calculated to make those in the shop and anyone who intervened believe that the gun was real and the manner in which it was used was there for all to see on the CCTV footage which was played. The effects which this kind of conduct would have on the staff are obvious but you are both aware of the particular circumstances of the young lady who was pulled and pushed around at gun point as set out in her victim statement. Even now she has not been able to return to work and is suffering psychological trauma.

I have read all the reports and letters in this case and listened carefully to what has been said on your behalf. My primary duty, it seems to me, is to do what I can to deter offending of this kind and to assure those who work in the service of the public that they will be protected.

The value of the jewellery which was stolen and not recovered is almost three quarter of a million pounds. If people are prepared to gamble for such high stakes then the penalties have to be commensurate.

In your case Elliot Jorgensen you have a record which includes a sentence of four years detention for robbery. That record, along with the circumstances of this offence, make it plain that you are a danger to the public. In order to protect the public from serious harm from you when you are released I propose to pass a sentence on you which amounts in total to 15 years. The first part will be a custodial element of 12 years imprisonment. At the end of that period there will be an extension period of three years during which you will be subject to a licence, the conditions of which will be set by the Scottish Ministers. If you break the licence or commit a further offence you will be liable to be sent to prison to serve the remainder of the period. In your case the sentence will run from 25 January 2013. In fixing the custodial element of this sentence I have had regard to the fact that you offered a plea of guilty at an early stage. Had you been convicted after trial it would have been 16 years.

As far as you are concerned Anthony Boyd, I take account of the somewhat lesser but nonetheless significant role you played. I also take account of the fact that you have never before been convicted of any offence in a court of law.

There is nothing in your past or in the report which provides any real indication that you will represent a significant danger to the public on release so I do not propose to pass an extended sentence in your case. Nonetheless it is my duty to pass a substantial sentence.

You will be imprisoned for a period of 10 years to run from 20 March 2013. Had the matter proceeded to trial the sentence would have been one of fourteen years.

For technical reasons I order that the sum of money set out in the confiscation order in respect of each of you is to be paid within six months of today’s date.”