Backwell, R. v

Under section 80(2)(b) of the Powers of Criminal Courts Sentencing Act 2000, a court may impose consecutive longer-than-commensurate sentences for separate sexual or violent offences. Each individual sentence must remain within its permitted maximum, but their aggregate may exceed the maximum for a single offence where necessary to protect the public from serious harm. The sentencer must nevertheless apply the totality principle and ensure that the overall term remains proportionate to the offending.

The appellant pleaded guilty at Exeter Crown Court to seven counts of indecent assault committed during a prolonged series of predatory attacks on women walking alone at night. The sentencing judge treated each offence as a sexual offence under section 80(2)(b) of the Powers of Criminal Courts Sentencing Act 2000, imposed six-year terms, and made the final term consecutive to the concurrent terms on the first six counts. The total sentence was 12 years’ imprisonment.

On appeal, the appellant contended that consecutive longer-than-commensurate sentences could not lawfully exceed the statutory maximum for a single count, and that the total was excessive.

1. The court dismissed the appeal against the 12-year sentence.

2. There was no legal principle preventing consecutive sentences for separate offences from exceeding the statutory maximum for one offence. The statutory maximum governed each individual sentence. It did not cap the aggregate of properly consecutive sentences.

3. The same conclusion applied where each sentence was imposed under section 80(2)(b) of the Powers of Criminal Courts Sentencing Act 2000. The court respectfully followed R v Baker (Unreported 15 December 1998, 98/0959/Z3), which construed the materially identical earlier provision as preserving the power to impose consecutive longer-than-commensurate terms, provided that each term remained within its permitted maximum.

4. R v Everleigh [2002] Cr App R (S) 32 did not decide the point. Its concern was the impropriety of adding a longer-than-normal sentence to another sentence where the protective purpose was already met. It did not address whether two longer-than-commensurate sentences could properly be consecutive. The two authorities were therefore consistent.

5. A sentencer must assess the imprisonment necessary to protect the public from serious harm, while also applying totality so that the aggregate is not disproportionate to the offending. The judge had done so. The appellant’s repeated, planned and escalating attacks, their grave effect on the victims, and his assessed risk of serious reoffending justified the total term. It was neither wrong in principle nor manifestly excessive.

• Court of Appeal (Criminal Division) — In [2003] EWCA Crim 3213, dismissed the appellant’s appeal against sentence.
• Exeter Crown Court — His Honour Judge Cottle imposed a total sentence of 12 years’ imprisonment following guilty pleas to seven counts of indecent assault.