R v Peter Laws

When assessing harm for perverting the course of justice, the court must weigh all the circumstances. Category 1 harm requires evidential support for an applicable category 1 factor. Unsupported serious consequences cannot justify that classification. The absence of category 1 factors does not automatically make the offence category 3. More than limited distress to innocent parties and more than limited delay to the course of justice may justify category 2 harm. Sentencing must then reflect relevant aggravating factors, totality and any applicable guilty plea reduction.

The appellant appealed with leave against sentences imposed by the Crown Court at Durham. He received 10 months’ imprisonment for an offence under section 20 of the Offences Against the Person Act 1861 and a consecutive sentence of 19 months for perverting the course of justice. The appeal challenged the categorisation of harm for the latter offence as category 1 under the Sentencing Council guidelines. The central issue was whether moving the unconscious victim into an alleyway caused serious consequences sufficient for category 1 harm, or whether the offence belonged in a lower category.

The appeal was allowed in part. The sentence of 19 months for perverting the course of justice was quashed and replaced with 12 months, to be served consecutively to the 10-month sentence for the section 20 assault. The total sentence was therefore 22 months. The five-year restraining order remained in force.

1. Harm categorisation. The Sentencing Council guidelines required the level of harm to be assessed by weighing all the factors in the case. The evidence did not support the Crown Court’s conclusion that moving the victim’s unconscious body caused serious consequences. None of the other category 1 factors applied.
2. The offence nevertheless involved more than limited distress to an innocent party and more than limited delay to the course of justice. The victim’s partner witnessed his unconscious body being dragged through the house, garden and alleyway. The victim suffered indignity and humiliation, despite being unconscious. Those matters made category 3 inappropriate and placed the offence in category 2.
3. Sentence. The applicable category 2 starting point was one year, with a range of nine months to two years. Significant aggravation arose from the appellant’s recent and relevant convictions, the victim’s vulnerability, attempts to clean up evidence, and the appellant’s callous and self-protective conduct. The sentence was then adjusted for totality and the appellant’s 20 per cent guilty plea credit.

• Court of Appeal (Criminal Division): In [2024] EWCA Crim 1190, the appeal against sentence was allowed in part. The 19-month sentence was quashed and replaced with 12 months consecutive to the existing 10-month sentence.
• Crown Court at Durham: The appellant was sentenced to 10 months for the section 20 assault and 19 months consecutively for perverting the course of justice.