Redman, R. v

In a sentence appeal for stalking involving serious alarm and distress, mental health may reduce culpability where the offender is willing to undergo treatment or accept probation support. Its effect must nevertheless be assessed alongside risk and harm. A condition which may reduce culpability can also increase the risk to the complainant and the harm suffered. Persistent offending, particularly in breach of bail conditions, may justify an immediate custodial sentence notwithstanding a late guilty plea, previous good character and mental-health difficulties.

The appellant pleaded guilty at Reading Crown Court to stalking involving serious alarm and distress, contrary to section 4A(1)(a)(b)(ii) of the Protection from Harassment Act 1997. He received two years’ imprisonment after a sustained course of harassment of his former partner, including repeated contact, surveillance and conduct in breach of bail conditions.

He appealed with the single judge’s leave. He contended that the sentence was manifestly excessive because of his late guilty plea, good character, mental-health difficulties and the absence of further offending after electronic tagging. The central issue was whether those matters made the custodial sentence excessive.

1. Appeal dismissed. The two-year sentence was not excessive for a prolonged and concentrated course of stalking which caused devastating fear and insecurity to the complainant. The offending included repeated breaches of bail conditions.
2. Mental health can be relevant to sentence and may mitigate where the offender is willing to undergo treatment or accept necessary assistance from the Probation Service. The appellant did not meaningfully engage with the pre-sentence process, and that potential mitigation therefore had little force.
3. The psychiatric evidence did not reduce the seriousness of the case overall. If the appellant’s mental condition reduced his culpability, it also increased the risk to which the complainant was exposed and reflected the greater harm she had suffered.
4. The recorder had taken account of the late guilty plea. The appellant’s lack of previous convictions and his mental-health difficulties did not render the immediate custodial sentence manifestly excessive. The appeal against sentence was accordingly dismissed.

• Court of Appeal (Criminal Division): appeal against sentence dismissed: [2016] EWCA Crim 225.
• Crown Court at Reading: following a guilty plea, the appellant was sentenced to two years’ imprisonment for stalking involving serious alarm and distress.