Brosch, R v

On a renewed application for leave to appeal sentence, the appellate court will not interfere where the sentencing judge was entitled to assess the seriousness of bladed-article offending by reference to the risk of serious disorder, relevant previous convictions, mitigation, totality and guilty-plea credit. A sentence within the applicable guideline range will not be manifestly excessive merely because the offending falls between guideline categories.

The applicant pleaded guilty in the Crown Court at Kingston upon Hull to possessing an article with a blade or point, contrary to section 139(1) of the Criminal Justice Act 1988, and to breaching a Criminal Behaviour Order. HHJ Thackray imposed 20 months’ immediate imprisonment for the bladed-article offence and a concurrent eight-month sentence for the breach.

Following a Newton hearing, the judge rejected the applicant’s account and treated the bladed-article offending as between categories 1 and 2, involving a risk of serious disorder. The applicant renewed his application for leave to appeal the 20-month sentence as excessive.

1. The renewed application for leave to appeal sentence was dismissed. The court agreed with the single judge that the 20-month sentence was not manifestly excessive.

2. The sentencing judge was entitled, after seeing the CCTV and hearing the applicant at the Newton hearing, to find that he had carried the meat cleaver to intimidate and frighten others. The judge was also entitled to identify the category 1 feature of offending involving a risk of serious disorder.

3. The judge properly treated the applicant’s previous convictions, including for possessing a bladed article and threatening to kill, as significant aggravating features. He also took account of progress in custody, mental-health difficulties, totality and the relevant sentencing guidelines.

4. The judge’s conclusion that an immediate custodial sentence was necessary was open to him. The guideline starting point of 18 months, with a range from one year to two and a half years, confirmed that a sentence of 20 months for the offence contrary to section 139(1) of the Criminal Justice Act 1988 was within the permissible range.

• Court of Appeal (Criminal Division): renewed application for leave to appeal sentence dismissed.

• Crown Court at Kingston upon Hull: on 30 October 2019, HHJ Thackray imposed 20 months’ imprisonment for possessing an article with a blade or point and a concurrent eight-month sentence for breach of a Criminal Behaviour Order.