Cerrone, R v

In sentencing for perverting the course of justice, the existence of young children for whom an offender is the principal carer does not by itself justify departing from an otherwise correct sentencing approach. The impact of immediate custody on those children remains a relevant consideration. Exceptionally, the court may reduce an immediate custodial sentence as an act of mercy where the children would suffer particular hardship and the individual circumstances make that course proper.

The three appellants pleaded guilty to doing acts tending and intended to pervert the course of justice. After a serious assault, each gave police a false witness statement intended to divert suspicion from the assailant.

On 4 November 2011, Natalie Cerrone and Nicola East were each sentenced to four months’ imprisonment, and Rachael East to six months’ imprisonment. Each was the primary carer of a young child. They appealed against sentence, contending that insufficient weight had been given to the consequences of immediate custody for their children.

1. The appeals were allowed to the extent of reducing the sentences. The sentencing judge was correct to conclude that immediate custody was unavoidable. The offence was serious: the appellants deliberately sought to prevent a person whom they knew had committed a serious assault from being held to account.
2. The court rejected the general proposition that an otherwise correct sentencing approach should be displaced solely because an offender is the principal carer of young children. The effect of custody on children is nevertheless a relevant sentencing consideration.
3. These were unusual and special cases in which mercy was justified. All three appellants were primary carers. The children, rather than the appellants, were the proper beneficiaries of that mercy. The court also took account of Cerrone’s imminent confinement, Nicola East’s loss of a praiseworthy career ambition, and the particularly acute childcare difficulties affecting Rachael East’s child.
4. The original sentences were quashed. Sentences of three months’ imprisonment were substituted for Cerrone and Nicola East, and a sentence of four months’ imprisonment for Rachael East.

• Court of Appeal (Criminal Division) Leave to appeal against sentence was granted. The court quashed the custodial sentences and substituted reduced immediate custodial terms.
• Crown Court On 4 November 2011, Cerrone and Nicola East were each sentenced to four months’ imprisonment and Rachael East to six months’ imprisonment following guilty pleas.