B, R v

Where accepted psychiatric evidence establishes that prolonged physical, emotional and sexual abuse materially reduced an offender’s ability to resist a spouse’s coercion to commit crime, the circumstances may be exceptional for sentencing purposes. That conclusion remains fact-sensitive and does not depend on a fixed definition of exceptional circumstances.

For a serious breach-of-trust theft, such circumstances may justify suspending an otherwise appropriate custodial sentence.

The appellant pleaded guilty at Bristol Magistrates’ Court to six thefts and was committed to the Crown Court for sentence. Forty-six further thefts were taken into consideration. The Crown Court imposed concurrent sentences of two years’ imprisonment.

The thefts from a Post Office totalled about £221,000. Psychiatric evidence, accepted by the Recorder, described prolonged abuse by the appellant’s husband and his coercion of her into stealing. The appeal concerned whether that background amounted to exceptional circumstances sufficient to suspend the custodial sentence.

1. Appeal allowed. The concurrent sentences of two years’ imprisonment were quashed and replaced by concurrent sentences of two years’ imprisonment, suspended for two years.

2. Having accepted the forensic psychiatrist’s report, the Recorder did not give proper weight to its implications. The report showed prolonged physical, emotional and sexual abuse which had reduced the appellant to a condition in which it was difficult for her to resist her husband’s coercion to steal.

3. Whether circumstances are exceptional is fact-sensitive and admits no fixed definition. The abuse and coercion established in this case could amount to exceptional circumstances, notwithstanding the seriousness of the thefts and the breach of trust.

4. The court therefore concluded that exceptional circumstances existed and that the sentence could, and should, be suspended.

• Court of Appeal (Criminal Division): Allowed the sentence appeal and substituted concurrent sentences of two years’ imprisonment suspended for two years.

• Crown Court: On 26 August 2005, Miss Recorder Munro QC imposed concurrent sentences of two years’ imprisonment for six thefts, with 46 further thefts taken into consideration.

• Bristol Magistrates’ Court: The appellant pleaded guilty on 18 May 2005 and was committed to the Crown Court for sentence.