Fitzpatrick, R. v

When consecutive custodial terms produce an aggregate determinate sentence that is excessive for the total offending, the totality principle requires the appellate court to reduce the sentence. The court may achieve that result by varying individual consecutive custodial terms, while preserving the proper seriousness of each offence and the overall sentencing structure.

The appellant pleaded guilty at Preston Crown Court to two offences of causing grievous bodily harm with intent, an assault occasioning actual bodily harm, and conspiracy to pervert the course of justice. The offences involved repeated violence against his domestic partner, causing a broken wrist and permanent serious loss of vision in one eye, followed by an attempt to procure her non-attendance at court.

On 10 November 2017, the Recorder imposed consecutive sentences, including extended sentences on the two grievous-bodily-harm counts. The aggregate determinate custodial term was 21 years and six months. With partial leave of the single judge, the appellant appealed against sentence. The sole issue pursued was whether the aggregate sentence was excessive under the totality principle.

1. Appeal allowed to a limited extent. The court held that the appeal raised only totality. The aggregate determinate term of 21 years and six months was too long by a degree that entitled the court to intervene.
2. The offences comprised serious and repeated domestic violence. They had the aggravating features identified by the Recorder, including the victim’s vulnerability, serious and lasting injury, threats to prevent reporting, and the later conspiracy to prevent her giving evidence. Those matters remained material to the overall seriousness of the offending.
3. Nevertheless, the totality principle required a lower aggregate determinate term. A term of 16 years and six months properly reflected the offending as a whole.
4. The court achieved that result by reducing the custodial term for count 6, an offence contrary to section 18 of the Offences Against the Person Act 1861, from six years to four years. It reduced the custodial term for count 8, also contrary to section 18, from 12 years to 10 years. The consecutive structure and the remaining sentences were left undisturbed.

1. Court of Appeal (Criminal Division): With partial leave of the single judge, the appellant’s sentence appeal was allowed only to reduce the aggregate determinate term from 21 years and six months to 16 years and six months.
2. Preston Crown Court: On 10 November 2017, the Recorder imposed consecutive sentences, including extended sentences for the two offences of causing grievous bodily harm with intent, following guilty pleas.