Voarino, R. v

A defendant who pleads guilty at the earliest opportunity is entitled to full credit under the applicable sentencing guidelines even where the evidence is overwhelming and the defendant was caught red-handed. The purpose of credit is to encourage guilty defendants to plead promptly. Credit should not be withheld or reduced merely because the prosecution case was obvious.

The appellant pleaded guilty at Snaresbrook Crown Court to being knowingly concerned in the fraudulent evasion of the prohibition on importing cocaine. He had been intercepted at Waterloo International station with ecstasy tablets concealed in his suitcase.

The sentencing judge adopted an eight-year starting point and imposed six years’ detention in a young offender institution after allowing a 25 per cent reduction for the guilty plea. The appellant had made immediate admissions and given the authorities what information he could. He appealed on the ground that insufficient credit had been given for his plea and mitigation.

1. Appeal allowed. The court quashed the sentence of six years’ detention and substituted five years’ detention, less 115 days spent on remand.
2. The sentencing remarks were unclear, but showed that full credit for the guilty plea had not been allowed because the appellant had been caught red-handed and the evidence was overwhelming.
3. That approach was inconsistent with the sentencing guidelines in force. A guilty defendant is entitled to full credit for an early plea even where apprehension in the act makes conviction highly likely. The purpose of the reduction is to encourage guilty defendants to admit their guilt at the earliest opportunity.
4. The appellant had immediately made full admissions in interview and provided the information he could about the importation. The possibility that he could instead have contested the allegation reinforced the value of his prompt plea. There was no guideline-based reason to withhold or reduce credit on the ground that the prosecution evidence was overwhelming.

• Court of Appeal (Criminal Division): Allowed the renewed application for leave to appeal against sentence and allowed the appeal. The sentence was reduced from six years to five years’ detention, less time spent on remand.
• Snaresbrook Crown Court: On 17 March 2006, following a guilty plea, imposed six years’ detention in a young offender institution for being knowingly concerned in the fraudulent evasion of the prohibition on importing a class A drug.