Onyeagucha, R. v

In dangerous-offender sentencing, the court must first determine whether the offender presents a significant risk of serious harm before deciding whether the seriousness of the offence justifies life imprisonment. A life sentence is a sentence of last resort. Where it is not justified, the court must consider an extended sentence and should not treat a determinate sentence as the only alternative.

When sentencing an offender who was a child when the offence was committed, the court must take the sentence then likely to have been imposed as its starting point. Age, maturity and development require an individual assessment. The broad reduction from an adult sentence is a guide, not a mechanistic rule.

The appellant was convicted at Woolwich Crown Court of wounding with intent, contrary to section 18 of the Offences Against the Person Act 1861, after repeatedly stabbing the complainant with a kitchen knife during a group assault. He was 17 when the offence was committed and 18 when sentenced.

The Recorder imposed detention for life with a minimum term of four years and 99 days, having found the appellant dangerous. The appellant challenged the factual aggravating features, the dangerousness finding, the appropriateness of a life sentence, and the allowance made for youth.

The appeal had previously been adjourned to obtain a report specifically addressing dangerousness. The central questions were whether dangerousness was established and, if so, whether a life sentence rather than an extended sentence was justified.

Appeal allowed. The court quashed the life sentence and substituted an extended sentence comprising nine years’ detention and a three-year extension period.

1. The Recorder was entitled to find premeditation, despite uncertainty about whether the appellant brought the knife to the scene or obtained it from the flat. On either account, he deliberately armed himself before inflicting repeated knife wounds. The Recorder was also entitled to treat the attack from behind and the appellant’s use of the knife as aggravating features. The erroneous reference to the complainant as particularly vulnerable under the guideline was immaterial, as category 1 was accepted.

2. The Recorder adopted the wrong order of analysis from R v Burinskas [2014] EWCA Crim 334. Dangerousness had to be decided before considering whether the seriousness of the offence justified life imprisonment. The error did not undermine the result on dangerousness. The current offence was a serious escalation from the appellant’s prior offending, and the further report identified continuing risks arising from his peer associations and lifestyle. His age did not preclude a finding that he was dangerous.

3. However, a life sentence was not justified. It is a sentence of last resort, and the Recorder erred by treating a determinate sentence as the only alternative. An extended sentence would provide a longer period for controls and interventions, protect the public, and reduce the identified risk.

4. The Recorder also gave insufficient weight to youth. The relevant starting point was the sentence likely to have been imposed when the appellant was 17. The guideline’s broad indication of a reduction from an adult sentence was not mechanical, but a 25% reduction, rather than 10%, was appropriate. Applying that reduction to the category 1 starting point produced a custodial term of nine years. A three-year extended licence period was necessary to protect the public.

5. Replacing the life sentence with an extended sentence did not impose a more severe sentence contrary to section 11(3) of the Criminal Appeals Act. Credit for time in custody was to be dealt with administratively.

• Court of Appeal (Criminal Division). Allowed the appeal and substituted an extended sentence for detention for life.
• Woolwich Crown Court. On 11 November 2017, following conviction for wounding with intent contrary to section 18 of the Offences Against the Person Act 1861, the Recorder imposed detention for life with a minimum term of four years and 99 days.