R v Paul Croft

Where aggravating features justify movement within a sentencing guideline range, a sentence above that range requires a sound additional justification. The fact that an offence was committed during the operational period of a suspended sentence may carry little further weight where that suspended sentence has already been substantially activated for other offending. On the facts, the appropriate post-trial sentence was at the top of the applicable range, followed by credit for the guilty plea.

The appellant pleaded guilty in the Crown Court at Caernarfon to being the owner of a dog which caused injury while dangerously out of control in a public place, contrary to section 3(1) and (4) of the Dangerous Dogs Act 1991.

The sentencing judge placed the offence in culpability category B and harm category 2 under the relevant sentencing guideline. The guideline range extended to 12 months’ imprisonment. He imposed 17 months’ imprisonment, suspended for two years, after treating several features as taking the case beyond that range.

The appellant appealed the length of the custodial term. The issue was whether the aggravating features, including offending during the operational period of a substantially activated suspended sentence, justified a sentence above the guideline range.

1. Appeal allowed to the extent stated. The court quashed the 17-month custodial term and substituted a term of 10 months’ imprisonment. The suspension and ancillary orders remained unaffected.

2. The sentencing judge was entitled to treat the lack of control, the sustained attack, the injuries, the appellant’s alcohol consumption and previous convictions as aggravating features. Those features justified moving the sentence to the top of the applicable guideline range.

3. They did not, however, justify a sentence above the 12-month maximum of that range. In particular, the offence’s commission during the operational period of a suspended sentence warranted no significant further uplift. By the time of sentence, all but four weeks of that earlier 20-week sentence had already been activated for other offending.

4. The appropriate sentence after trial was therefore 12 months. Applying 15 per cent credit for the guilty plea produced a sentence of 10 months, rounded down slightly.

• Court of Appeal (Criminal Division): In R v Paul Croft, [2023] EWCA Crim 1538, the court allowed the sentence appeal to the extent of substituting a 10-month custodial term.

• Crown Court at Caernarfon: On 16 May 2023, the appellant pleaded guilty and received 17 months’ imprisonment, suspended for two years, with ancillary orders.