Utton, R. v

A Goodyear indication binds the court only where the defendant pleads guilty within a reasonable opportunity to consider it. If the defendant instead pleads not guilty, the indication lapses and is irrelevant to a later sentence. A reasonable period depends on the circumstances. An indication acted upon may be revised only exceptionally and fairly, without prejudicing the defendant.

Where a plea follows the plea and trial preparation hearing, a reduced credit may be appropriate. Sentence for multiple domestic burglaries must reflect the total offending, including any applicable mandatory minimum term. A guideline range for one offence does not necessarily govern such a case.

The appellant pleaded guilty in the Crown Court at Basildon to two domestic burglaries, assault occasioning actual bodily harm contrary to section 47 of the Offences Against the Person Act 1861, and assault by beating a police officer. He received concurrent sentences, with 53 months’ imprisonment for each burglary.

At the plea and trial preparation hearing, the judge gave a Goodyear indication. After taking advice, the appellant pleaded not guilty to the burglary and police-assault counts. He notified his solicitor the following day that he wished to plead guilty and was re-arraigned 14 days later. The judge held that the indication had lapsed before accepting the guilty pleas.

He appealed on the grounds that the judge was bound by the indication, should have allowed 25 per cent credit for the pleas, and wrongly treated the burglaries as Category 1 offending.

1. Appeal dismissed. The appellant did not accept the Goodyear indication by pleading guilty within a reasonable opportunity. He instead pleaded not guilty at the plea and trial preparation hearing, which then proceeded on the basis that the burglary counts would be tried. The indication therefore lapsed that day and did not bind the sentencing judge.

2. The court applied the principles in R v Goodyear [2005] EWCA Crim 888, R v Patel [2009] EWCA Crim 67, and R v Davies (Colin Trevor) [2015] EWCA Crim 930. A defendant must have a reasonable opportunity to consider an indication, but what is reasonable depends on the circumstances. Once that opportunity passes without a guilty plea, the indication ceases to have effect.

3. The exceptional qualification in R v Shane Newman [2010] EWCA Crim 1566 did not assist the appellant. It concerns revision of an indication which has been acted upon, and requires fairness to the defendant. In any event, the appellant knew before re-arraignment that the indication had lapsed, so he suffered no unfairness.

4. The judge was entitled to allow 15 per cent credit for pleas entered after the plea and trial preparation hearing and after trial directions had been given. The sentence was neither manifestly excessive nor wrong in principle. There were two serious domestic burglaries, an associated assault on a police officer, and an extensive record of burglary offending engaging section 111 of the Powers of Criminal Courts (Sentencing) Act 2000. The burglary guideline concerned one offence and did not require the judge to use the Category 2 range for this combined offending.

• Court of Appeal (Criminal Division) Dismissed the appeal against sentence: [2019] EWCA Crim 1341.
• Crown Court at Basildon The appellant pleaded guilty to two burglaries and assaults, and received concurrent sentences including 53 months’ imprisonment for each burglary.