John Lloyd-Richards recent CCA case reported

May 25, 2022

R v PC [2022] EWCA Crim 542

Instructed for the Appellant, Court of Appeal, Criminal Division, reported as follows:

This appeal against sentence raises the question of whether or not an extended sentence under s. 279 SA 2020 can be passed on an offence that is specified for the purpose of s. 306 in circumstances where the four-year term condition prescribed in s. 280 is met only by taking into account offending on associated offences that are not so specified. It is an issue on which there appears to be conflicting appellate authority. The point is one of real significance. Many cases involve offending arising out of a combination of specified and unspecified offences. Judges need to know what offences can and cannot be taken into account for the purpose of identifying whether or not the appropriate custodial term would be at least four years long.

Held: In so far as Casbolt is to be understood as suggesting that a court, when passing a sentence on a specified offence, cannot take into account by way of aggregation an associated (though unspecified) offence for the purpose of identifying the appropriate custodial term in s. 280, it is wrong. Pinnell/Joyce remains good law. The court when arriving at the appropriate custodial term can aggregate with a specified offence non-specified associated offences so as to reflect the defendant’s overall offending, subject always to the custodial term imposed on the specified offence not exceeding the statutory maximum and not infringing the principle of totality.