Howe, R.

For face-to-face offences of encouraging or assisting suicide, seriousness should be assessed by reference to harm and culpability under section 143 of the Criminal Justice Act 2003. Relevant harm includes death or lasting physical or psychological injury, harm to others, and whether its effects will continue. Relevant culpability includes planning, persistence, the assistance supplied, motive, the victim’s capacity and vulnerability, and the offender’s knowledge of those matters.

Sentences where suicide or attempted suicide occurs may range from about three years to 12 years or more, subject to the facts and ordinary mitigation. A sentencing court should treat the guideline for section 18 offences with great circumspection because the nature of that offending differs from an offence under section 2(1) of the Suicide Act 1961.

The appellant, aged 19 and of previous good character, was convicted after trial of encouraging or assisting Stephen Walker’s attempted suicide contrary to section 2(1) of the Suicide Act 1961. Knowing of Walker’s vulnerability and suicidal threats, he bought petrol and a lighter and supplied them to him. Walker sustained permanent and exceptionally grave burns when the petrol ignited.

Durham Crown Court sentenced the appellant to 12 years’ detention in a young offender institution. He appealed on the ground that the sentence was manifestly excessive, particularly given his age, immaturity and lack of convictions. He also challenged the judge’s comparison with the sentencing guideline for section 18 offences. The central issue was the proper sentence for this serious form of encouraging or assisting attempted suicide.

1. Appeal allowed. The sentence of 12 years’ detention in a young offender institution was manifestly excessive. It was replaced with a sentence of 10 years. Ancillary orders were unaffected.

2. The offence under section 2(1) of the Suicide Act 1961 may be committed by encouraging or assisting suicide or attempted suicide. The required intention is to encourage or assist that outcome. The fact that death, rather than merely serious injury, is contemplated is inherently important when assessing seriousness.

3. For face-to-face offending, the court gave non-exhaustive guidance based on the harm and culpability approach in section 143 of the Criminal Justice Act 2003. Death is the most serious harm. Serious and continuing physical or psychological injury, consequences for others, and risk to others are also relevant. Culpability depends on such matters as planning, persistence, the help given, motive, the victim’s settled and informed intention and capacity, vulnerability known to the offender, and any pressure or persuasion.

4. Where suicide or an attempted suicide has occurred, the custodial range may run from about three years to 12 years or more. The case was of very high seriousness. The appellant knowingly supplied the immediate means of an attempted suicide to a highly vulnerable victim after planning and ignoring a warning. The victim had not formed a settled and informed intention, and the appellant could have prevented the attempt by refusing to obtain the petrol.

5. The judge should, however, have given greater weight to the appellant’s youth, immaturity and previous good character. Death had not resulted, there was no gain or malice, and the appellant had not forced the victim to act. Those matters, despite the dreadful permanent injuries, made 10 years the appropriate sentence.

6. Reference to the Sentencing Council guideline for section 18 offences should be made only with great circumspection. The offending and statutory maximum are materially different, and future sentencing courts should not need to use that guideline for this offence.

• Court of Appeal (Criminal Division): Allowed the appeal and substituted 10 years’ detention for the 12-year sentence: [2014] EWCA Crim 114.
• Durham Crown Court: Following conviction after trial, imposed 12 years’ detention in a young offender institution. No citation is stated in the judgment.