R v Barney Joyce & Anor

In sentencing for conspiracy to steal catalytic converters, removal of a converter may cause significant additional harm because it effectively disables the vehicle. Medium-value offending causing that harm falls within category 2 of the theft guideline, rather than category 3. A conspiracy involving multiple offenders, relevant tools and coordinated offending may demonstrate sophisticated offending with significant planning. A sentence near the top of the applicable range may be justified by the conspiracy, group activity, intimidation, escape efforts and relevant previous convictions, while allowing for mitigation and guilty pleas. Youth and rehabilitative potential do not alone make such a sentence manifestly excessive. A driving disqualification may be re-expressed without altering its total duration by separating the discretionary period from the statutory uplift.

Barney Joyce appealed against sentences imposed at St Albans Crown Court for conspiracy to steal from motor vehicles and, additionally, dangerous driving. Jordan Joyce renewed his application for leave to appeal against his sentence for the conspiracy. Barney received 35 months’ detention in a young offender institution and a 26-month driving disqualification. Jordan received 27 months’ imprisonment.

Both challenged the categorisation of the conspiracy under the theft guideline. Barney also challenged the weight given to mitigation, while Jordan submitted that his mitigation had not been considered. The absence of pre-sentence reports, through no fault of either offender, was also relevant to Jordan’s renewed application.

1. The court granted Jordan Joyce leave to appeal. It dismissed both appeals on the merits, save for varying the way in which Barney Joyce’s driving disqualification was recorded.
2. The conspiracy was correctly placed in category 2 under the theft guideline. Although the value was medium, removing catalytic converters effectively disabled the vehicles and caused significant additional harm to the victims.
3. The offending was properly assessed as involving high culpability. It was sophisticated and significantly planned, as shown by the conspiracy, the number of participants, the tools carried and the targeting of multiple vehicles within a short period. Group activity, intimidation, determined efforts to escape and relevant previous convictions were additional aggravating features.
4. The sentencing judge was entitled to sentence near the top of the one-to-three-and-a-half-year guideline range and to have measured regard to the aim of the conspiracy. It was permissible to adopt the same approach to both offenders where they acted together and each had a relevant previous conviction, notwithstanding Jordan Joyce’s greater number of convictions. Their youth was properly considered as mitigation, and the sentences were not manifestly excessive.
5. Pursuant to the guidance in R v Needham [2016] EWCA Crim 455, Barney Joyce’s 26-month disqualification was restructured as 15 months under section 35A and an 11-month uplift under section 35B of the Road Traffic Offenders Act 1988.

1. Court of Appeal (Criminal Division): Jordan Joyce was granted leave to appeal. Both appeals were dismissed, except that the recording of Barney Joyce’s disqualification was varied.
2. Crown Court at St Albans: Barney Joyce was sentenced to 35 months’ detention for conspiracy to steal from motor vehicles and dangerous driving, with a 26-month driving disqualification. Jordan Joyce was sentenced to 27 months’ imprisonment for the conspiracy.