R v Dale Rayner

In a reference against an unduly lenient sentence, the correct guideline category depends on the facts proved. A weapon is not “visible” where it was not visible to the person receiving the threats. “Threats with significant violence” concerns significant violence accompanying the threats, rather than threats of significant violence themselves. Racial or religious hostility, offending against an emergency worker and relevant previous convictions may require a significant upward adjustment. The totality principle permits concurrent sentences, but the lead sentence must reflect the criminality of both offences. Where offending is extreme and protracted, and personal mitigation and rehabilitation prospects are insufficient, immediate custody may be required.

The offender pleaded guilty to possessing an article with a blade or point in a public place and to threats to kill. The Crown Court at Bradford imposed concurrent suspended sentences of nine months for the threats offence and five months for the bladed-article offence, together with rehabilitation, unpaid-work and alcohol-treatment requirements.

The Solicitor General referred the sentence under section 36 of the Criminal Justice Act 1988, contending that both offences had been placed in categories that were too low, that statutory aggravating features had been given insufficient weight, and that immediate custody was required. The central issues were the proper guideline categorisation, the effect of racial and religious hostility and the emergency-worker aggravation, the application of totality, and whether the sentence could properly be suspended.

1. The reference was allowed. The sentence was unduly lenient and was quashed. The court imposed two years’ imprisonment on the threats-to-kill count and six months’ imprisonment concurrently on the bladed-article count. The sentence was not suspended.
2. The threats-to-kill offence was properly categorised as B2. The axe was not a “visible weapon” for guideline purposes because it was not visible to the call handler who received the threats. The phrase “threats with significant violence” referred to significant violence accompanying the threats, not merely threats to cause significant violence.
3. The starting point was therefore one year, with a range of 26 weeks to 2½ years. The offender’s extreme and persistent language, poor record including violence and threatening behaviour, offending against an emergency worker, and racial and religious hostility required a significant upward adjustment. Giving full credit for mitigation and the guilty plea, the least reasonable sentence for this count was 21 months.
4. The bladed-article offence was properly categorised as A2. There was no evidence that the offender had addressed threats to people on the street while carrying the axe, and so no risk of serious disorder was established. The starting point was six months, with a range of three to 12 months. The statutory aggravating features and alcohol use required an increase, making nine months the least reasonable sentence on this count.
5. Applying totality, concurrent sentences were permissible only if the lead sentence reflected the criminality of both offences. From the aggregate of 30 months, a reduction of more than six months could not be justified, producing a minimum aggregate sentence of 24 months.
6. The court considered the offender’s risk, poor compliance, mixed rehabilitation prospects and personal mitigation. The seriousness, extreme content and protracted duration of the offending meant that appropriate punishment could be achieved only by immediate custody.

• Crown Court at Bradford: on 27 January 2026, imposed concurrent suspended sentences of nine months for threats to kill and five months for possession of an article with a blade or point in a public place, with ancillary requirements.
• Court of Appeal (Criminal Division): on a reference by the Solicitor General under section 36 of the Criminal Justice Act 1988, the court held the sentence unduly lenient, quashed it and substituted immediate custody: [2026] EWCA Crim 922 .