R v Robert Michael Thomas

A sentence appeal should be dismissed where persistent offending and repeated defiance of court orders justify significant imprisonment, and the resulting sentence is not manifestly excessive. The possibility that another judge might impose a shorter sentence does not establish manifest excessiveness. The totality principle is addressed by adjusting individual sentences where necessary to reflect the overall criminality.

The appellant pleaded guilty to five thefts, five breaches of criminal behaviour orders and possession of a class B controlled drug. On 30 July 2025, Recorder Mercer sentenced him to 43 months’ imprisonment in the Crown Court at Inner London. He appealed against sentence with leave of the single judge, arguing that the overall sentence was manifestly excessive and that the adjustment for totality was inadequate. The central issue was whether the sentence was unjust or disproportionate in light of the offending and the appellant’s record.

The appeal against sentence was dismissed.

1. The appellant’s persistent shoplifting and repeated breaches of criminal behaviour orders demonstrated a serious and continuing disregard for court orders. That conduct could properly be met only by a significant sentence of imprisonment.
2. The fact that some judges might have imposed a shorter sentence did not make the sentence manifestly excessive. The appellate question was whether the sentence imposed fell outside the proper range, not whether another sentence could reasonably have been selected.
3. The Recorder had applied the totality principle by reducing the individual sentences before imposing the overall sentence. The Court of Appeal concluded that the resulting sentence of 43 months’ imprisonment was not manifestly excessive.

1. Court of Appeal (Criminal Division): In [2026] EWCA Crim 305 , the appeal against sentence was dismissed.
2. Crown Court at Inner London: Recorder Mercer sentenced the appellant on 30 July 2025 to 43 months’ imprisonment for five thefts, five breaches of criminal behaviour orders and possession of a class B controlled drug.