Blythe, R. v

An unchallenged basis of plea must be respected in sentencing. A sentencing judge should not sentence on a more serious factual basis which is inconsistent with that basis.

A custodial sentence may be justified for aggressive dangerous driving and assault directed at a parking attendant. Deterrence is material because such attendants are exposed to regular abuse. Sentencing comparisons are fact-sensitive and non-guideline authorities do not fix the appropriate sentence. An early guilty plea attracts the conventional reduction.

The appellant pleaded guilty at the Crown Court at Canterbury to dangerous driving and common assault following an incident in which he drove his car towards a parking attendant and pushed him.

He received twelve months’ imprisonment for dangerous driving and four months’ imprisonment concurrently for assault. His basis of plea accepted reversing towards the attendant in the heat of the moment, exposing him to a risk of injury, but denied deliberately driving at him or intending harm.

With leave of the single judge, he appealed on the grounds that the sentence was manifestly excessive and that the judge had gone behind the unchallenged basis of plea.

1. Appeal allowed. The twelve-month sentence for dangerous driving was reduced to eight months. The concurrent assault sentence remained four months, so the overall sentence became eight months’ imprisonment.

2. A custodial sentence was plainly justified. Parking attendants perform a useful public function and are regularly exposed to abuse and vilification. Sentences for aggressive conduct towards them should provide protection and deterrence.

3. The sentencing judge erred by treating the car as a weapon. That finding went beyond the unchallenged basis of plea, which accepted dangerous reversing towards the attendant but denied deliberately driving at him or intending injury.

4. The court considered R v Fabian Robert Joseph [2001] EWCA Crim 1195 and R v Watson [2007] EWCA Crim 1595 as sentencing comparisons. Neither was a guideline authority and each turned on its facts. Although the appellant had a poor record, his violence was materially less serious than in those cases.

5. The proper starting sentence was twelve months’ imprisonment. Applying the conventional discount for the early guilty plea reduced it to eight months.

• Court of Appeal (Criminal Division) — By [2009] EWCA Crim 1982, allowed the sentence appeal and reduced the overall term to eight months’ imprisonment.

• Crown Court at Canterbury — On 27 July 2009 imposed twelve months’ imprisonment for dangerous driving and four months’ imprisonment concurrently for common assault.