R v Billy-Joe Wilson

In an Attorney General’s reference against sentence, the Court of Appeal will not interfere where defective sentencing remarks prevent it from identifying the factual basis of sentence or confidently concluding that a more severe sentence was required. A sentencing judge must make sufficient factual findings, explain the categorisation of the offence and address the Imposition Guideline when considering suspension. Delay may provide substantial mitigation even without the usual psychological or physical detriment, where it has enabled rehabilitation and lasting change. A finding that immediate custody would achieve appropriate punishment does not remove the discretion to suspend if other factors justify suspension. The decision was confined to the exceptional history of the case and was not intended to set a precedent.

The Attorney General referred an 18-month custodial sentence, suspended for 18 months, imposed after the respondent was convicted of one count of controlling or coercive behaviour. He had been acquitted of three rape counts. The prosecution case alleged persistent controlling and coercive behaviour between 2016 and 2019, but the indictment contained limited particulars and the sentencing judge made no factual findings. The proceedings had been seriously delayed, and the judge did not explain either the category A1 sentence assessment or the decision to suspend custody. The central issues were whether the sentence was unduly lenient and whether the Court could safely reassess the sentence and suspension decision on the available material.

1. Reference dismissed. The Court held that the sentencing remarks were inadequate. Because the jury had returned no fact-specific verdict, the judge needed to identify the factual basis on which he sentenced, explain the categorisation and address the Imposition Guideline if suspension was contemplated. His failure to do so made it impossible to determine reliably which aggravating and harm factors he had found proved.
2. The Court accepted that the case was properly treated as category A1, with a starting point of 2 years 6 months. That categorisation did not itself require an upward adjustment. The respondent’s old convictions were of marginal relevance, and the Court could not confidently conclude that the facts required a sentence exceeding two years.
3. Delay was a material mitigating factor. Although the respondent had not suffered the usual detrimental effects identified in R v Barrett [2025] EWCA Crim 840 at [25], the delay had enabled him to address anger-related problems, maintain a successful long-term relationship and avoid further relevant offending. The maximum proper allowance for his personality disorder, delay and rehabilitation was about nine months. The Court also agreed with R v Timpson [2023] EWCA Crim 453 that reductions for delay in serious cases would ordinarily be substantially below 25 per cent.
4. The Court reconsidered suspension afresh. There was a realistic prospect of rehabilitation in the community, the current risk profile was materially improved, compliance was not a concern and immediate custody would harm the respondent’s partner and children. Although seriousness could support immediate custody, the discretion to suspend remained: R v Hussain [2019] EWCA Crim 1542 at [21]. The balance decisively favoured suspension.
5. The sentence was lenient and the reduction was at or near the outer limits of proper discretion, but the Court was not satisfied that it was unduly lenient. It therefore declined to interfere, stressing that the decision was driven by the exceptional delay and circumstances and was not a precedent.

• Court of Appeal (Criminal Division): Attorney General’s reference under section 36 of the Criminal Justice Act 1988; leave granted, but the Court declined to interfere with the suspended sentence.
• Crown Court at Lewes: the respondent was convicted of controlling or coercive behaviour and sentenced to 18 months’ custody suspended for 18 months, with unpaid work and rehabilitation activity requirements.