R v Renee Samara Cox
[2024] EWCA Crim 892
Maya Tiger Leelee Bassaragh v R
25 January 2024
[2024] EWCA Crim 20
Court of Appeal
A young woman was given a 5-year prison sentence for having an illegal gun. She was pregnant, but the judge didn't know. The appeal court said that because she was pregnant and there were other reasons she shouldn't be in prison, the sentence was too harsh and changed it to 2 years, but she doesn't have to go to prison unless she does something wrong again.
Key Facts
- •Appellant Maya Tigere Leele Basarragh sentenced to 5 years imprisonment for possession of a prohibited firearm (converted Zoraki 917 pistol with live ammunition).
- •Minimum sentence provisions of section 311 and Schedule 20 of the Sentencing Code applied.
- •Appellant was pregnant at the time of sentencing, a fact unknown to the court.
- •New evidence regarding the pregnancy and its risks was admitted on appeal.
- •Appellant was a custodian of the firearm for her then boyfriend.
- •Appellant pleaded guilty at the first opportunity and cooperated with the police.
Legal Principles
Minimum sentence provisions can be departed from if exceptional circumstances relating to the appellant or her offence justify it.
section 311 and Schedule 20 of the Sentencing Code
Exceptional circumstances must be judged according to principles set out in the Sentencing Guideline, not pre-Guideline case law.
Sentencing Guideline
Exceptional circumstances exist if the minimum term would result in an arbitrary and disproportionate sentence. Circumstances must be truly exceptional; multiple mitigating factors alone are insufficient.
Sentencing Guideline paragraphs 6, 9-12
Medical unfitness to serve a custodial sentence, or significant health risks caused by imposing the statutory minimum sentence, can be considered as aspects of the offender's circumstances.
Judicial interpretation of Sentencing Guideline
If exceptional circumstances are found, a shorter custodial sentence or alternative sentence can be imposed, with normal guilty plea reduction applying.
Sentencing Guideline paragraph 13
Pregnancy, while strong personal mitigation, does not automatically avoid imprisonment. The court must consider the individual circumstances and balance public safety with mitigating factors.
R v Stubbs [2022] EWCA Crim 1907
Outcomes
Appeal allowed; 5-year sentence quashed.
Exceptional circumstances were found due to the appellant's pregnancy, its associated health risks, and other strong personal mitigation. A 5-year sentence was deemed arbitrary and disproportionate.
Sentence substituted with 2 years imprisonment, suspended for 2 years.
This reflected a sentence appropriate for the offence, considering personal mitigation and accounting for the pregnancy and its impact.