B, R v

[2005] EWCA Crim 3572

Case details

Case citations
[2005] EWCA Crim 3572
Court
Court of Appeal (Criminal Division)
Judgment date
14 December 2005
Judgment text

This feature is available to zoomLaw Pro members.

Subjects
Criminal Sentencing Suspended sentences
Keywords
appeal against sentence theft breach of trust Post Office employee spousal coercion domestic abuse psychiatric evidence exceptional circumstances suspended sentence
Outcome
appeal allowed (sentence quashed and replaced with concurrent two-year sentences suspended for two years)
Judicial consideration

This feature is available to zoomLaw Pro members.

Summary

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.

Factual background

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.

Held

  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.

The court’s approach to earlier authorities

This feature is available to zoomLaw Pro members.

Appellate history

  • 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.

Lower court decision

Judgment appealed:
Not stated in the judgment
Outcome:
appeal allowed (sentence quashed and replaced with concurrent two-year sentences suspended for two years)

Key cases cited

This feature is available to zoomLaw Pro members.

Cases citing this case

This feature is available to zoomLaw Pro members.