R v Fabio Calaca Santos

A sentence for multiple offences may be structured so that a lead sentence reflects the totality of the offending, but the notional sentence before guilty-plea credit must not exceed the statutory maximum for that lead offence. If the overall sentence is otherwise justified, the Court of Appeal may restructure concurrent and consecutive terms to achieve a lawful equivalent total. Conduct already inherent in the offence or its guideline categorisation should not be treated again as an aggravating factor, although previous convictions may receive limited weight. When deciding whether to suspend custody, the seriousness of the offending must be considered even if it has already informed the sentence length. That factor must be balanced against rehabilitation prospects, future risk, personal mitigation and the relevant sentencing guideline.

The appellant was sentenced in the Crown Court at Reading, following four committals for sentence, to 20 months’ imprisonment. The sentence covered four drug-driving offences, dangerous driving, driving while disqualified, driving without insurance and driving while unfit through drugs. The Recorder treated dangerous driving as the lead offence and identified a 30-month notional sentence before one-third credit for plea, resulting in 20 months. The sentence was imposed for dangerous driving, with the other sentences concurrent or attracting no separate penalty.

The appellant appealed against sentence, arguing that the notional sentence exceeded the two-year maximum for dangerous driving and that the sentence should have been suspended. The central issues were whether the sentence was lawful and proportionate, whether it should be restructured, and whether immediate custody was required.

1. Appeal allowed in part. The sentence for the relevant drug-driving offence was increased from three to four months, and the dangerous-driving sentence was reduced from 20 to 16 months. The overall sentence remained 20 months.

2. Following R v Carroll (1995) 16 Cr. App. R. (S.) 488, the notional sentence for a lead offence, before credit for a guilty plea, must not exceed the statutory maximum for that offence. The fact that the lead sentence is intended to encompass other offending does not permit that maximum to be exceeded. The Recorder therefore erred in imposing the 30-month sentence for dangerous driving, whose maximum was two years.

3. The overall 30-month notional sentence for the repeated and dangerous offending was nevertheless justified. The court held that “unacceptable driving” was already encompassed in the offences and could not be treated as an additional aggravating factor. It found no error in giving marginal weight to the previous convictions, and was satisfied that sufficient weight had been given to personal mitigation and remorse.

4. The Recorder’s consideration of suspension was too cursory. He should have expressly considered the definitive guideline on the imposition of community and custodial sentences, including the specified factors for and against suspension, and carried out the necessary balance. The seriousness of the offending remained relevant to suspension even though it had informed the sentence length. Here, the repeated dangerous driving and attendant risk of serious harm compelled immediate custody. The limited prospects of rehabilitation shown by the pre-sentence report and drug rehabilitation assessment, together with personal mitigation, did not outweigh that factor.

5. The driving disqualification was correspondingly restructured under the Road Traffic Offenders Act, ss.35A and 35B. The total disqualification remained 46 months, comprising 36 months, an eight-month extension and a two-month uplift; the record stating 48 months was corrected.

• Court of Appeal (Criminal Division): [2026] EWCA Crim 676. Appeal allowed only to restructure the custodial sentences and consequential driving disqualification; the total sentence remained 20 months.
• Crown Court at Reading: The Recorder imposed a total sentence of 20 months’ imprisonment after four committals for sentence.