R v Anthony Fowler

A sentence for an historic offence must not exceed the statutory maximum applicable when the offence was committed. Where an individual concurrent sentence is unlawful, the Court of Appeal may quash it and substitute a lawful sentence without changing the aggregate term, if that correction does not affect the overall sentence.

Court records, including the order for imprisonment and certificate of conviction, must accurately record the sentences pronounced in court.

The applicant was convicted at the Crown Court at Snaresbrook of eight sexual offences committed against two boys between 1992 and 1996. HHJ Cohen imposed concurrent sentences for several counts and a consecutive sentence for count 8, producing an overall sentence of four years’ imprisonment followed by a consecutive special custodial sentence of 16 years’ imprisonment with a one-year extended licence.

On renewal of his applications for a short extension of time and a representation order, the applicant advanced a technical sentencing point not pursued before the single judge. The sentence of three years’ imprisonment on count 9 exceeded the statutory maximum of two years applicable at the time of the offending.

1. The appeal was allowed to the limited extent necessary to correct count 9. The Court granted the short extension of time and the representation order. It held that the three-year sentence imposed for count 9 exceeded the applicable statutory maximum of two years.

2. The Court quashed the sentence on count 9 and substituted 21 months’ imprisonment. That sentence was concurrent with the consecutive sentence imposed for count 8. The correction therefore did not alter the overall length of the sentence.

3. The proper total sentence remained four years’ imprisonment, followed consecutively by a special custodial sentence of 16 years’ imprisonment with a one-year extended licence. The Court directed that the order for imprisonment and the certificate of conviction be corrected to reflect the sentences pronounced in court.

4. The Court also recorded that the anonymity provisions of the Sexual Offences (Amendment) Act 1992 applied to the victims.

• Court of Appeal (Criminal Division): In [2025] EWCA Crim 767, the Court quashed the unlawful three-year sentence on count 9, substituted 21 months’ imprisonment, and directed correction of the Crown Court order and certificate of conviction.
• Crown Court at Snaresbrook: HHJ Cohen convicted the applicant on eight sexual-offence counts on 13 June 2024 and sentenced him on 30 July 2024.