Palmer, R v

On a sentence appeal, the question is whether the overall sentence is manifestly excessive. A total sentence at the upper end of the appropriate range will not be reduced merely for that reason. The court must assess totality in light of the offending as a whole, including its escalation, offending while on bail or subject to community orders, and failures to surrender to bail.

The appellant appealed, with leave, against a total sentence of three years’ imprisonment imposed at the Crown Court at Harrow for offences of theft, attempted theft, domestic burglary and failures to surrender to bail.

The offences involved repeated thefts from motor vehicles and a dwelling-house burglary. Several were committed while the appellant was on bail, and he had twice failed to surrender. He had also asked for further theft and damage offences to be taken into consideration. Although this was his first custodial sentence and he had pleaded guilty, the sentencing judge ordered most sentences to run consecutively.

The sole issue was whether the resulting total sentence was manifestly excessive.

1. The appeal was dismissed. The court held that the total term of three years’ imprisonment was not manifestly excessive.

2. The proper issue on the appeal was the totality of the sentence. There was no challenge to the principle that the sentences should be consecutive, save for the concurrent sentences imposed for the Slough offences.

3. The court took account of mitigation. The appellant had pleaded guilty, although not in every instance at the first opportunity. It was also his first sentence of imprisonment. Prison reports indicated that he had made good progress while in custody.

4. Those matters did not make the total excessive. The offending had escalated over time. The appellant committed later offences while on bail and while subject to community orders, and he failed twice to surrender to bail. In that context, the three-year total was at the upper end of the appropriate range but did not exceed it.

• Court of Appeal (Criminal Division) — sentence appeal dismissed: [2008] EWCA Crim 114 .
• Crown Court at Harrow — on 4 September 2007, imposed a total sentence of three years’ imprisonment for dishonesty offences and failures to surrender to bail.