Key Facts
- •The appellant pleaded guilty to an offence and received a custodial sentence.
- •The appellant provided confidential information to the authorities.
- •The appellant applied for anonymity due to safety concerns for himself and his family.
- •The appeal concerned insufficient reduction in sentence to reflect the provision of confidential information.
- •The information's value was not immediately apparent but was deemed potentially useful for future purposes.
- •The appellant faced significant risk to himself and his family due to the information provided.
Legal Principles
Anonymity orders must be 'strictly necessary' in the interests of justice, particularly when Article 2 and 3 rights are at risk.
R v L and N [2017] EWCA Crim 2129; R v Royle and Others [2023] EWCA Crim 1311
When assessing sentence reduction for providing information to authorities, factors to consider include the information's quality, quantity, risk to the informer, assistance provided, and the informer's own criminality.
R v Royle and Others [2023] EWCA Crim 1311
The weight given to information provided is for the sentencing judge, but the Court of Appeal will intervene if there's an error of law or principle.
R v Royle and Others [2023] EWCA Crim 1311
Assistance to authorities should be valued and discounted before credit for a guilty plea; the total credit generally ranges from 50-66%, with greater credit for maximum assistance and greater personal risk.
R v T [2021] EWCA Crim 1474; R v A and B [1999] 1 Cr App R (S) 52; R v Yvan Nshuti [2012] EWCA Crim 1530
Reduction for assistance should be considered before credit for a guilty plea.
Crown's submission
Outcomes
The appeal was allowed.
Insufficient credit was given for the risk assumed by the appellant in providing information, even though its immediate value wasn't clear. The potential future use of the information and the significant risk to the appellant and his family warranted a further discount.
Anonymity order granted.
To protect the appellant and his family from harm.
No pre-sentence report needed.
Confirmed in accordance with section 33 of the Sentencing Act 2020.