R v Billy Martin Price

An extended determinate sentence is offence-specific. It cannot be imposed for an offence outside the statutory scheme merely because the offender is dangerous or because the sentence is intended to reflect other offending. Where several sentences were imposed in the same proceedings, an appeal against one sentence permits review of the sentences for all offences. The appellate court may quash and substitute appropriate sentences, provided the appellant is not treated more severely overall. It may correct an invalid extended sentence on one count by imposing an available extended sentence on another count.

In R v Billy Martin Price, Cardiff Crown Court sentenced the appellant for possessing a firearm with intent to cause fear of violence, possessing a prohibited firearm, and possessing explosives. It imposed a five-year sentence on count 1, an extended determinate sentence of 10 years on count 2, and a concurrent sentence on count 3. The judge treated count 2 as the lead offence and found that the appellant met the statutory dangerousness test.

The application for leave to appeal was made out of time and referred to the Court of Appeal because an extended sentence could not lawfully be imposed for count 2, although it could have been imposed for count 1. The central issue was how the sentences should be corrected while respecting the statutory limits on appellate sentencing.

Appeal allowed to the extent indicated. The court identified a single sentencing error. The custodial terms fixed below and the finding that the appellant was dangerous were not challenged.

1. Under sections 279 and 306 and Schedule 18 to the Sentencing Act 2020, an extended determinate sentence could not be imposed for count 2, possession of a prohibited firearm. The fact that the appellant met the statutory dangerousness test, or that the custodial term was intended to reflect all the offending, did not overcome that statutory limit. The 10-year extended sentence, comprising six years' custody and four years' extended licence, was quashed. A determinate sentence of six years was substituted.
2. Section 11(2) of the Criminal Appeals Act 1968 treated the appeal against one sentence as an appeal concerning all offences on the indictment. Under section 11(3), the court could quash any sentence and pass an appropriate sentence, provided that the appellant was not treated more severely overall than in the Crown Court.
3. Count 1 was an offence for which an extended determinate sentence could have been imposed. The five-year sentence was quashed and replaced with an extended determinate sentence of nine years, comprising five years' custody and a four-year extended licence, concurrent with the sentence on count 2. The sentence on count 3 was left unaltered.

• Court of Appeal (Criminal Division): In [2026] EWCA Crim 975 , the court granted an extension of time and leave to appeal. It allowed the appeal to the extent indicated, quashed the extended sentence on count 2, substituted a determinate sentence of six years, and imposed an extended determinate sentence of nine years on count 1.
• Cardiff Crown Court: On 19 June 2024, HHJ Paul Hobson sentenced the appellant for three offences, including imposing an extended determinate sentence on count 2. The sentence on count 3 was concurrent and was left unaltered on appeal.