R v Lacey Langton

In sentencing for perverting the course of justice, conduct sustained over several months and connected with a very serious underlying offence may justify the highest culpability category. The offender’s lack of knowledge of that underlying offence does not prevent its seriousness from being considered, although such knowledge would increase culpability.

Custody will be inevitable in the great majority of such cases. A sentence may properly be immediate, despite a realistic prospect of rehabilitation, where only immediate custody provides appropriate punishment.

The appellant pleaded guilty at Bournemouth Crown Court to perverting the course of justice and possessing an identity document. She had collected a false passport, made travel arrangements and assisted her partner to evade apprehension after a serious armed robbery, although the accepted basis of plea was that she did not know of the robbery.

The sentencing judge placed the perverting offence in culpability category A and harm category 2. He imposed 14 months’ imprisonment after credit for the guilty plea, and declined to suspend the sentence. The appellant appealed on the grounds that the starting point was too high and that the sentence should have been suspended.

1. Appeal dismissed. The sentence of 14 months’ imprisonment was not manifestly excessive and the judge was entitled to order immediate custody.

2. The offence properly fell within culpability category A. The appellant’s conduct was sustained over some months. The underlying armed robbery was very serious. Its seriousness could be considered in assessing culpability even though, on the accepted basis of plea, the appellant did not know of it. Knowledge would have made her conduct more serious, but it was not a prerequisite to the relevant guideline factor. The judge respected the basis of plea.

3. With harm in category 2, the guideline starting point was two years’ imprisonment. The judge reduced the notional post-trial sentence to 18 months to reflect substantial mitigation, including the appellant’s age, good character, personal circumstances and the influence of her boyfriend. That sentence was within the permissible range.

4. The court applied the long-established seriousness of perverting the course of justice. As explained in R v Feve [2024] EWCA Crim 286, custody is inevitable in the great majority of cases, and immediate custody may be necessary for appropriate punishment despite an immediate prospect of rehabilitation. The judge had considered the imposition guideline and was entitled to conclude that neither a community order nor suspension adequately reflected the seriousness of this offending.

• Court of Appeal (Criminal Division): The appeal against sentence was dismissed: [2024] EWCA Crim 1668.
• Bournemouth Crown Court: On 24 September 2024, HHJ Mouseley KC imposed a total of 14 months’ imprisonment following guilty pleas to perverting the course of justice and possessing an identity document.