Trabisohn, R v

For an offence of failing to surrender to bail, an intentional absence in defiance of a condition imposed by the court is a serious aggravating feature. Sentencing must nevertheless give substantial weight to unusual personal mitigation, including an absence undertaken to meet a perceived essential family duty and a prompt voluntary surrender on return. A sentence must reflect the balance of those factors and may be reduced where the original term exceeds what is sufficient.

The applicant admitted at the Crown Court at Croydon an offence of failing to surrender to bail. He had been granted a variation of bail to travel to Africa following his father’s death, but only on condition that £5,000 security was provided. He could not raise the security, travelled nevertheless, and failed to attend a plea and directions hearing.

After attending ceremonies in the Ivory Coast, he returned to England and went directly to the Crown Court to surrender. He was sentenced to three months’ imprisonment. The appeal concerned whether that sentence properly reflected both the deliberate breach of the bail condition and the substantial mitigating circumstances.

1. Appeal allowed to a limited extent. The sentence of three months’ imprisonment for failing to surrender to bail was excessive. In the unusual circumstances, six weeks’ imprisonment was sufficient.

2. The applicant’s absence was intentional. He travelled despite the court’s refusal to vary bail unless the required security was provided. That deliberate defiance of the court’s order was a serious aggravating feature.

3. The court gave substantial mitigating weight to the purpose of the travel. The applicant regarded attendance at ceremonies following his father’s death as a matter of essential duty and honour. He was also of good character and, on returning to England, went immediately to the Crown Court and surrendered himself.

4. Balancing the serious deliberate breach against those mitigating features, the court substituted a sentence of six weeks’ imprisonment.

• Court of Appeal (Criminal Division) — in [2005] EWCA Crim 2282, allowed the sentence appeal to the extent of reducing the term from three months to six weeks’ imprisonment.
• Crown Court at Croydon — the applicant admitted failing to surrender to bail and received a sentence of three months’ imprisonment.