R v Shane Jonie Parker & Anor

When sentencing for conspiracy to commit burglary, the court may take account of all relevant circumstances, including facts forming part of an aggravated burglary that was not the offence of conviction, where those facts are accepted as part of the conspiracy’s circumstances. The sentence must nevertheless remain a sentence for the conspiracy and must not exceed its statutory maximum. A sentencing court also acts wrongly if it adopts, before allowing credit for a guilty plea, a starting point above that maximum. Where pleas are entered late, a reduction of 10 per cent may be appropriate. The Court of Appeal may substitute the sentence required by those principles.

The appellants pleaded guilty in the Crown Court at Chelmsford to conspiracies to commit domestic and non-domestic burglary. Shane Parker also pleaded guilty to arson. An aggravated burglary count involving threats to a householder was ordered to lie on the file. The appellants received sentences of 16 years and 13 years 6 months respectively on the domestic burglary conspiracy, with concurrent sentences on the other counts.

They renewed applications for leave to appeal against sentence, arguing principally that they had been sentenced as if convicted of aggravated burglary, that their sentences exceeded the applicable maximum, that inadequate credit had been given for their pleas and that totality had not been properly applied.

The applications for leave were renewed and the appeals were allowed to the extent that the sentences were reduced.

1. The sentencing judge had used the guidelines for domestic and commercial burglary and was entitled to take account of the appellants’ roles, previous similar convictions, the threats made to householders and the other aggravating features. The court rejected the complaints concerning the guidelines, disparity with co-defendants, guilty plea credit, personal mitigation and the need for reports.

2. The facts underlying the aggravated burglary could properly be considered because they formed part of the circumstances of the domestic burglary conspiracy and their relevance had been accepted. The appellants were, however, being sentenced for conspiracy to commit burglary, not for aggravated burglary.

3. The statutory maximum for the conspiracy offence was 14 years. Although the offending fell at or very near the top of the appropriate level, it could not be placed beyond that maximum. It was therefore an error of principle to adopt, before credit for plea, a starting point which must have exceeded the statutory maximum.

4. The pleas were entered late. The appropriate reduction was 10 per cent. Applying the maximum and the appropriate credit, the proper sentence before deduction for Shane Parker was 14 years, producing a sentence of 12 years 6 months. For Wayne Parker, the appropriate sentence before deduction was 13 years 6 months, producing a sentence of 12 years.

• Crown Court at Chelmsford: Shane Parker was sentenced to 16 years’ imprisonment on the domestic burglary conspiracy, with concurrent sentences on the other counts. Wayne Parker was sentenced to 13 years 6 months on the domestic burglary conspiracy, with a concurrent sentence on the non-domestic burglary conspiracy.
• Court of Appeal (Criminal Division), [2023] EWCA Crim 1321: appeals allowed to the extent that Shane Parker’s sentence was reduced to 12 years 6 months and Wayne Parker’s sentence to 12 years.