X, R. v

Where a sentencing judge has not identified a numerical starting point, an appellate court will not infer one merely from a sentencing guideline or a comparator case. The adequacy of credit for a guilty plea must be assessed against the sentence as a whole and the judge’s stated approach. A sentence for attempted murder involving a sustained knife attack, grave injury, and a child witness was not manifestly excessive where the judge allowed a reduction exceeding the usual 10 per cent credit for a plea entered on the day of trial.

The applicant renewed an application for permission to appeal against a sentence of 13 years’ imprisonment imposed at Merthyr Tydfil Crown Court for the attempted murder of his former partner.

He had stabbed her repeatedly outside her home, causing injuries requiring life-saving surgery. Their son witnessed the end of the attack. The plea was entered on the day of trial. The sentencing judge said that he would allow more than the usual 10 per cent reduction because the plea showed remorse and spared the victim further distress.

The sole ground was that the judge had failed to give the indicated enhanced credit. It was argued that the judge must have begun at 15 years, by reference to guidelines and Ipeck [2006] 1 Cr.App.R (S) 127.

1. Permission to appeal was refused. The 13-year sentence for attempted murder was proper and was not manifestly excessive.
2. The argument about inadequate credit for the guilty plea depended on an unsupported assumption that the judge had selected a 15-year starting point. The judge had expressly declined to identify a specific starting point, and the Court would not supply one by inference from the guidelines or the comparator relied upon by counsel.
3. The seriousness of the attack justified a starting point above the guideline entry point if the judge had adopted that approach. It was a violent knife attack causing very serious injuries, and the parties’ child witnessed its conclusion.
4. On the sentence actually imposed, the reduction for the plea exceeded 10 per cent. The judge had also explained why he would allow additional credit: the plea demonstrated remorse and avoided further distress to the victim. Considered overall, there was no basis for appellate intervention.

• Court of Appeal (Criminal Division): renewed application for permission to appeal against sentence refused: [2013] EWCA Crim 1173.
• Merthyr Tydfil Crown Court: sentenced the applicant to 13 years’ imprisonment for attempted murder in 2013.