Furzer, R. v

An extended sentence requires the statutory test of dangerousness to be satisfied and a further assessment of whether the danger can properly be met by a determinate sentence. A lengthy determinate sentence with substantial licence supervision may make an extended sentence inappropriate.

Under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000, detention may be imposed only for an offence for which an adult could receive at least 14 years’ imprisonment. Where qualifying and non-qualifying offences are sentenced together, the commensurate detention must be imposed only for the qualifying offence, with no separate penalty for the other offence.

The appellant, aged 17 at the time of the offending, pleaded guilty in the Crown Court at Snaresbrook to wounding with intent and possessing an offensive weapon. He stabbed another 17-year-old with a flick knife, causing life-threatening injuries and an above-knee amputation.

On 14 December 2017, the Crown Court imposed an extended sentence of youth detention of nine years and 10 months for the wounding, comprising seven years and 10 months’ custody and a two-year extended licence. It also imposed a concurrent sentence for the weapon offence. The appellant challenged both the length of sentence and the finding that he was dangerous.

The central issues were whether an extended sentence was justified and whether a separate sentence could lawfully be imposed for the weapon offence.

Appeal allowed in part.

1. The court upheld the assessment of the wounding as the most serious guideline category. The victim had sustained catastrophic and life-threatening injuries, and the appellant had carried and used a knife. The judge was entitled to adopt an adult sentence of 13 years, then reduce it by one third for youth and by a further 10 per cent for the late guilty plea. A determinate term of 94 months was therefore appropriate.

2. The extended sentence could not stand. The need for such a sentence depended first on satisfaction of the statutory dangerousness test and then on whether any danger could properly be met by a determinate sentence: R v Burinskas [2014] 2 Cr App R (S) 45. The appellant had no previous convictions and faced a long determinate sentence with lengthy licence supervision. In those circumstances, the court concluded that an extended sentence should not have been imposed.

3. The court quashed the sentence for wounding and substituted 94 months’ detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000.

4. The concurrent sentence for possessing an offensive weapon was also unlawful. That offence carried a maximum sentence of four years and did not qualify for detention under section 91. Where a qualifying offence and a non-qualifying offence are before the court, the commensurate detention must be imposed only for the qualifying offence: R v Mills [1998] 2 Cr App R (S) 128. The court quashed the weapon sentence and ordered no separate penalty.

• Court of Appeal (Criminal Division) Allowed the appeal to the extent of quashing the extended sentence, substituting a determinate term of 94 months for wounding, and ordering no separate penalty for the weapon offence.
• Crown Court at Snaresbrook The appellant pleaded guilty on 7 November 2017 and, on 14 December 2017, received an extended sentence of youth detention for wounding with intent and a concurrent sentence for possessing an offensive weapon.