Caselaw Digest
Caselaw Digest

R v Alex Davies

[2023] EWCA Crim 732
A man was sentenced to almost 10 years in prison for being in a banned Nazi group. The judge considered the bad things he did, but also the good things (like no other crimes) and reduced the sentence to 8 years because of how long it took to bring the case to court and his poor health.

Key Facts

  • Alex Davies convicted of membership of a proscribed organisation (National Action) under section 11 of the Terrorism Act 2000.
  • Sentenced to a special custodial sentence of nine years six months (eight years six months custody, one year extended licence) under section 278 of the Sentencing Act 2020.
  • Founded National Action (NA), a neo-Nazi organisation, with another man.
  • NA was proscribed as a terrorist organisation on 16 December 2016.
  • Davies continued NA's activities after proscription, including organising meetings, creating promotional materials, and campaigning for far-right candidates.
  • Davies was 27 at sentencing with no previous convictions.
  • Judge considered the offence in culpability category A of the Sentencing Council's guideline, with a starting point of seven years.
  • Judge identified aggravating factors (offence committed while on bail, duration of offending, well-orchestrated nature) and mitigating factors (age, lack of prior convictions, significant delay between arrest and trial, ill health).

Legal Principles

Sentencing for terrorism offences under the Sentencing Council's guideline.

Sentencing Council's definitive guideline for terrorism offences

Special custodial sentences for offenders of particular concern under section 278 of the Sentencing Act 2020.

Sentencing Act 2020, section 278

Offence of membership of a proscribed organisation under section 11 of the Terrorism Act 2000.

Terrorism Act 2000, section 11

The judge's duty under section 59 of the Sentencing Act 2020 to follow the guideline unless it is in the interests of justice not to do so.

Sentencing Act 2020, section 59

Outcomes

Appeal allowed.

The custodial term of nine years six months was manifestly excessive. The judge's assessment, while careful, overstated the seriousness of the offending considering the mitigating factors (age, lack of prior convictions, long delay before trial, ill health) and the focus should have been on actions during the indictment period, not the founding of NA.

Special custodial sentence reduced to eight years (seven years custody, one year extended licence).

The court considered the statutory maximum sentence, the guideline range, the aggravating and mitigating factors, and concluded that a custodial term of around eight years before considering mitigation would have been appropriate. A greater reduction for mitigating factors was warranted.

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