R v Gurpal Raytt
[2024] EWCA Crim 828
R v Abdulrahman Haddad
9 September 2024
[2024] EWCA Crim 1027
Court of Appeal
A man missed his trial because of miscommunication with his lawyer and work issues. He was found guilty of missing his court date. The judge gave him a short suspended sentence, but the appeals court changed it to a warning because the original sentence was too short. The court also cancelled a small fine.
Key Facts
- •Appellant failed to surrender to bail on time for trial.
- •Trial judge found appellant guilty of Bail Act offence after acquittal on assault charges.
- •Judge imposed a 7-day suspended sentence (suspended for 6 months), and a £154 victim surcharge (although not formally pronounced).
- •Appellant's delay was due to a combination of miscommunication with his solicitor, work commitments, and a vehicle issue.
- •The appeal concerned the legality of the sentence and the safety of the conviction.
Legal Principles
Minimum period for a suspended custodial sentence is 14 days (Sentencing Act 2020, s.277(2)).
Sentencing Act 2020
A Bail Act offence is a separate criminal offence, not a contempt of court, although punishable 'as if it were' a criminal contempt (Bail Act 1976, s.6(5)).
Bail Act 1976, s.6(5)
Court must give a defendant opportunity to explain themselves regarding a Bail Act offence, ensuring legal representation if needed (R v Davis (1986)).
R v Davis (1986)
The Crown Court has the same powers regarding contempt as the High Court (Senior Courts Act 1981, s.45(4); Civil Procedure Rules, Part 81).
Senior Courts Act 1981, s.45(4); Civil Procedure Rules, Part 81
When a sentence is quashed, the appellate court should not impose a more severe sentence (Criminal Appeal Act 1968, s.11(3); impliedly applied here).
Criminal Appeal Act 1968, s.11(3)
Outcomes
Appeal against conviction dismissed.
The appellant was given a full opportunity to explain his actions; the judge's finding of no reasonable excuse was justified.
Appeal against sentence allowed.
The 7-day suspended sentence was unlawful due to the minimum 14-day requirement; the sentence was for a Bail Act offence, not contempt.
Suspended sentence quashed; absolute discharge ordered.
Considering the time served on remand and the time elapsed since sentencing, an absolute discharge was deemed appropriate.
Victim surcharge order quashed.
The order was not properly pronounced and is not permissible with an absolute discharge.