R v Rodney Baker

On a reference under s 36 of the Criminal Justice Act 1988, leave is exceptional. A sentence is unduly lenient only if it falls outside the range reasonably open to the sentencing judge and reflects gross error. The first-instance judge’s evaluative position remains important, but an appellate court may correct errors of principle. Where an offender is found dangerous, declining an extended determinate sentence requires sufficient and reasonable reasons directed to management of public risk. Mitigation and automatic release arrangements cannot replace that analysis. A concurrent sentence may be corrected where it is wrong in principle, even if the overall term remains unchanged.

The Solicitor General sought leave to refer sentences imposed at the Crown Court at Wood Green under s 36 of the Criminal Justice Act 1988. Baker had pleaded guilty to wounding with intent, attempted wounding with intent and possession of a bladed article. McGuire had been convicted of wounding with intent after a machete attack in which he participated by punching and kicking the victim. The sentencing judge categorised the harm as category 2, imposed seven years on Baker and five years three months on McGuire, and found Baker dangerous but declined an extended determinate sentence. The reference challenged the harm categorisation, the sentence for the attempt, and the dangerousness decision.

Disposition. The court granted leave under s 36 of the Criminal Justice Act 1988 and altered both sentences.

1. Applicable principles. The principles governing an Attorney-General’s reference were summarised in Attorney-General’s Reference (Egan) [2022] EWCA Crim 1751; [2023] 2 Cr App R(S) 16. The first-instance judge is particularly well placed to assess competing factors. A sentence is unduly lenient only where it falls outside the range reasonably open to that judge. Leave should be granted only in exceptional cases, not borderline cases, and the statutory jurisdiction addresses gross error. The court also recalled the public-confidence purposes of the jurisdiction described in Attorney-General’s Reference No 132 of 2001 (Bryn Dorian Johnson) [2002] EWCA Crim 1418; [2003] 1 Cr App R(S) 41, and the discretion to increase a sentence after finding undue leniency recognised in Attorney-General’s Reference No 4 of 1989 (1990) 90 Cr App R 366.
2. Harm and concurrent sentences. The injuries were sufficiently serious that category 1 was a forceful possibility. Even if the sentencing judge was entitled to place the harm in category 2, it belonged at the top of that category. The guideline permitted adjustment from the starting point for borderline cases, multiple factors, additional offences and aggravating or mitigating features. The statutory framework also required consideration of harm caused, intended and foreseeably caused. Baker’s notional sentence after trial was therefore 12 years 6 months, reduced by 20 per cent to 10 years. The sentence for attempted wounding with intent was wrong in principle because the notional sentence was below the category 2A range. It was corrected to 5 years 2 months, remaining concurrent.
3. Dangerousness. Baker had been correctly found dangerous. Although the court retained discretion not to impose an extended determinate sentence, that discretion required sufficient and reasonable reasons directed to management of the risk posed to the public. The Recorder’s reasons largely concerned mitigation and prison progress. The automatic release period did not provide additional public protection, and Baker’s previous offending while on licence was significant. An extended determinate sentence of 13 years was imposed, comprising 10 years’ custody and an extended licence period of 3 years.
4. McGuire. His lesser role was relevant, but he had not pleaded guilty. The minimum proper sentence was 8 years’ imprisonment.

• Court of Appeal (Criminal Division): In [2026] EWCA Crim 154, leave was granted under s 36 of the Criminal Justice Act 1988 and the sentences were increased.
• Crown Court at Wood Green: Baker was sentenced to 7 years’ imprisonment after guilty pleas. McGuire was sentenced to 5 years and 3 months’ imprisonment after conviction.