R v Walad Abubakar

Full credit for a guilty plea is generally reserved for a plea at the first opportunity. An exception applies where particular circumstances make it unreasonable to expect an earlier plea. This includes a case in which fitness to plead is being investigated for good reason. If expert evidence confirms fitness and the defendant pleads at the first available opportunity thereafter, a one-third reduction remains appropriate. Sentencers must distinguish necessary advice or evidence needed to understand guilt from delay intended merely to assess the prosecution case.

The appellant was charged with attempted murder in the alternative to which he pleaded guilty to section 18 wounding with intent. His plea was entered after earlier hearings had been adjourned while psychiatric evidence concerning fitness to plead was obtained. The Crown Court imposed an extended determinate sentence of 13 years, comprising nine years’ custody and a four-year extension period, allowing 25 per cent credit for the plea. The appeal concerned whether the plea was entered at the first available opportunity after fitness was confirmed and therefore attracted one-third credit.

The appeal was allowed to the extent that the custodial term was reduced from nine years to eight years. The four-year extension period and the remaining aspects of the sentence were left unchanged, producing a total sentence of 12 years.

1. General principle and exception. Full credit is normally reserved for a guilty plea entered at the first available opportunity. The Sentencing Council’s Guideline on Reduction of Sentence for Guilty Plea recognises an exception where particular circumstances significantly reduce the defendant’s ability to understand the allegation or otherwise make it unreasonable to expect an earlier indication. Sentencers must distinguish cases requiring advice or evidence to understand whether the defendant is guilty from cases involving mere assessment of the prosecution evidence and prospects of acquittal.
2. Application. There were good reasons to investigate fitness to plead, having regard to the circumstances of the attack and the appellant’s account that he was hearing voices. It was not reasonable to expect him to enter a plea while those investigations continued. Once expert evidence confirmed fitness to plead, the appellant entered his guilty plea at the first available opportunity. He was therefore entitled to full one-third credit.
3. Correction of sentence. The sentencing judge’s restriction of credit to 25 per cent was an error of principle. Taking the unchallenged custodial starting point of 12 years, a one-third reduction produced eight years’ imprisonment.

• Court of Appeal (Criminal Division): On appeal from the Crown Court at Snaresbrook, the court allowed the appeal in part and substituted an eight-year custodial term; the four-year extension period remained unchanged. [2025] EWCA Crim 1626
• Crown Court at Snaresbrook: Imposed an extended determinate sentence of 13 years, comprising nine years’ custody and a four-year extension period, with 25 per cent credit for the guilty plea.