Oldfield, R. v

An extended sentence under Criminal Justice Act 2003, section 227 must not exceed the maximum sentence for the offence when the custodial term and extended licence period are taken together. A sentence exceeding that limit is unlawful and must be quashed. The court may correct that error while refusing an out-of-time challenge to the substantive length of the custodial or licence elements where no good reason for the delay is shown.

The appellant pleaded guilty at Leeds Magistrates’ Court to assault occasioning actual bodily harm and was committed to Leeds Crown Court for sentence. The Crown Court imposed an extended sentence of eight years under section 227 of the Criminal Justice Act 2003, comprising three years’ custody and five years’ extended licence.

About two years later, he sought leave to appeal against sentence out of time. The central issue was whether the extended sentence was lawful, and whether leave should also be granted to challenge the substantive duration of its custodial and licence elements.

1. The appeal was allowed to the limited extent necessary to correct an unlawful sentence. The court extended time and granted leave to appeal on the legality point. It quashed the eight-year extended sentence.
2. Section 227 of the Criminal Justice Act 2003 prevented the total of the custodial term and the extended licence period from exceeding the maximum sentence for assault occasioning actual bodily harm. The three-year custodial term plus five years’ licence exceeded that limit. If three years’ custody was appropriate, the licence extension could be no more than two years.
3. The court refused leave to challenge the substantive severity of the terms. The application was about two years late and no good reason had been given for extending time on those issues. In any event, the violence, the appellant’s antecedents, including manslaughter, and the finding of dangerousness amply justified three years’ custody. A two-year licence period was also appropriate.

• Court of Appeal (Criminal Division): In [2011] EWCA Crim 2314, the court granted leave on the legality issue, quashed the unlawful extended sentence, and refused leave to challenge its substantive severity.
• Leeds Crown Court: On 5 May 2009, imposed an extended sentence of three years’ custody and five years’ extended licence under section 227 of the Criminal Justice Act 2003.
• Leeds Magistrates’ Court: On 6 April 2009, accepted the guilty plea to assault occasioning actual bodily harm and committed the appellant to the Crown Court for sentence.