Key Facts
- •Appellant convicted/pleaded guilty to serious offences and sentenced to 8 years imprisonment.
- •Appellant appealed sentence, arguing insufficient consideration of his past role as a CHIS (covert human intelligence source).
- •The judge did not consider a 'text' detailing the appellant's significant past assistance to authorities.
- •R v Royle & ors [2023] EWCA Crim 1311 provided new guidance on sentencing informers, unavailable at the time of original sentencing.
- •Appellant provided accurate and reliable information on 36 separate occasions, and faced a credible risk to life.
Legal Principles
Principles applicable to sentencing those who provided information and assistance ('informers').
R v Royle & ors [2023] EWCA Crim 1311
Decision as to sentence reduction requires a fact-specific assessment of all relevant circumstances.
R v Royle & ors [2023] EWCA Crim 1311, paragraph [31]
Factors relevant to determining appropriate sentence reduction for informers include quality/quantity of information, time period, assistance rendered, risk to informer, nature/extent of informer's own crimes, whether credit already given for assistance, and whether paid for assistance.
R v Royle & ors [2023] EWCA Crim 1311, paragraph [31]
Outcomes
Appeal against sentence partially allowed.
The judge erred in not considering the 'text' detailing the appellant's significant assistance as a CHIS. A 40% reduction in sentence is deemed appropriate.