John (Aka John Karl) Spencer (Aka Pike), R v

Separate offences may properly attract consecutive sentences. The aggregate sentence must nevertheless comply with the principle of totality. A substantial criminal record, including repeated breaches of notification requirements, may justify a serious custodial sentence for failure to notify a change of name. However, the further consecutive sentence for perverting the course of justice must remain proportionate to the overall offending.

The appellant pleaded guilty at Cambridge Crown Court to failing without reasonable excuse to notify the use of a new name, contrary to section 91(1) of the Sexual Offences Act 2003, and to perverting the course of justice.

He had used false names following two arrests. He was subject to notification requirements and had a lengthy record, including repeated failures to notify changes of name or address. The judge imposed consecutive terms of 18 months and 9 months’ imprisonment, totalling 27 months.

The appeal concerned whether that total sentence gave adequate effect to the appellant’s guilty pleas and the principle of totality.

1. Appeal allowed in part. The court upheld the decision to impose consecutive sentences because the offences were separate.

2. The 18-month sentence for failing to notify the use of a new name was proper. The appellant’s extensive record, particularly his repeated failures to comply with notification requirements, justified that term. The notification regime had a simple and clear purpose: it was intended to prevent a person subject to it from using an alias to evade identification.

3. The further consecutive term of nine months for perverting the course of justice was excessive. Applying the principle of totality, the court quashed that term and substituted three months’ imprisonment, consecutive to the 18-month term.

4. The total sentence was therefore reduced from 27 months to 21 months’ imprisonment.

• Court of Appeal (Criminal Division): Allowed the appeal against sentence in part and varied the total sentence to 21 months’ imprisonment.
• Cambridge Crown Court: On 21 September 2004, imposed consecutive sentences of 18 months’ and 9 months’ imprisonment following guilty pleas.