Robber freed from potential life in jail

A repeat robber from the Black Country who was potentially facing life behind bars for attacking a woman, grabbing her car keys and driving off in her BMW has been freed.

Tyrone Anthony Spence, 21, of John Howell Drive, Stanbridge Park, Tipton,was jailed for bursting into 56-year-old Kuldeep Juss' home, punching her and snatching keys and driving off in her BMW. He admitted the 2006 robbery and was jailed indefinitely at Wolverhampton Crown Court in 2007 ordered to serve at least two years in jail.

He had served almost four years before yesterday's appeal hearing at London's Court of Appeal.

Three judges quashed an indefinite imprisonment for public protection sentence and gave a four-year term.

As he would have expected to serve half the term in custody before release on licence he was freed.

Spence was previously convicted of three other robberies, dating back to when he was 14, sometimes involving weapons or violence.

At crown court, the prosecution told the judge that, due to those previous convictions, it had to be "assumed" that Spence was a "dangerous" offender.

The judge gave him an open-ended sentence, from which he would be released only when the Parole Board thought him safe.

Yesterday, Mr Justice Royce, sitting with Lord Justice Toulson and Judge Gerald Gordon, said the judge was misled on the law.

Offences occurred before he was 18 so the judge had to make up his own mind if he was a significant risk of serious harm to the public.

He said: "In our judgment, had the recorder not been under the impression that he had to apply the assumption, it is unlikely that he would have concluded that Spence fell to be categorised as dangerous.

"Accordingly, we conclude that this appeal must succeed to the extent that the sentence of IPP must be quashed and there must be substituted a sentence of four years' imprisonment."

Freeing him, Lord Justice Toulson urged Spence to find somewhere to live and work, to avoid falling immediately back into crime.