R v Shuaib Muhammad

A defendant who indicates a guilty plea at the first stage ordinarily receives a one-third reduction. That entitlement is preserved where particular circumstances make it unreasonable to expect an earlier indication. This includes a case in which fitness to plead is reasonably being investigated and psychiatric advice is awaited. A conditional indication in a Better Case Management form may qualify where the defendant pleads at the first opportunity after confirmation of fitness. The court must distinguish necessary delay from tactical delay. Where the delay is necessary and non-tactical, the full one-third reduction should be applied.

The appellant appealed against an extended sentence imposed by the Crown Court at Newcastle upon Tyne for stalking causing serious alarm or distress, contrary to section 4A(1) of the Protection from Harassment Act 1997. The sentence comprised five years’ custody and three years on extended licence.

Fitness to plead had been investigated by psychiatric report. The appellant had indicated an admission in the Better Case Management form, subject to confirmation of fitness, and pleaded guilty after the psychiatrist advised that he was fit. The Recorder allowed 25 per cent credit. The central issue was whether the circumstances engaged the guideline exception preserving one-third credit, resulting in a custodial term of 56 months.

1. The appeal was allowed to the extent that the custodial term was reduced. The Recorder had treated the appropriate guilty plea credit as 25 per cent, producing a five-year term from a notional sentence of seven years.

2. Under the Reduction in Sentence for Guilty Plea guideline, a one-third reduction applies where a guilty plea is indicated at the first stage. Under section F1, the full reduction remains appropriate where particular circumstances significantly affect the defendant’s ability to understand the allegation or otherwise make it unreasonable to expect an earlier indication.

3. The court considered that obtaining psychiatric evidence on fitness to plead was wholly appropriate in the circumstances. Applying R v Nolan [2022] EWCA Crim 726, it held that it was unreasonable to expect the appellant to plead before psychiatric advice had confirmed his fitness. He had indicated a guilty plea subject to that confirmation, pleaded at the first opportunity thereafter, and had not delayed for tactical reasons.

4. The appellant was therefore entitled to the full one-third reduction. One-third of the 84-month sentence following trial was 28 months, leaving 56 months. The five-year custodial element was quashed and a term of 56 months substituted. The appeal was allowed to that extent.

• Court of Appeal (Criminal Division) — In [2025] EWCA Crim 1316, the appeal was allowed to the extent that the custodial term was reduced to 56 months.
• Crown Court at Newcastle upon Tyne — On 24 December 2024, Recorder Whitehead imposed an extended sentence comprising five years’ custody and three years on extended licence.