R v Steven Arthur Connolly
[2024] EWCA Crim 31
R v Anthony Douglas
7 December 2023
[2023] EWCA Crim 1709
Court of Appeal
A man was sentenced to prison for carrying tools to burgle, having a knife, and drugs. The court thought his sentence was too long considering the guidelines, even though he had a long criminal history. They reduced his sentence, and made him serve one part of it after another part, rather than at the same time.
Key Facts
- •Anthony Douglas appealed his sentence for going equipped for burglary, possession of a bladed article, and possession of amphetamine.
- •He was sentenced to 21 months (concurrent) for going equipped, 6 months (concurrent) for the bladed article, and 1 month (concurrent) for the amphetamine.
- •The police found him with amphetamine, a Stanley knife blade, and keys, including a drop key for communal areas.
- •He resisted arrest and had 44 previous convictions for 85 offences, including numerous burglaries.
- •The Recorder departed from sentencing guidelines, citing the need to protect the public due to Douglas's extensive criminal history.
- •The appeal challenged the excessiveness of the sentence and the Recorder's failure to fully explain the sentencing process.
Legal Principles
Sentencing guidelines are not a straitjacket; departure is justifiable if protecting the public necessitates it.
Sentencing Council Guidelines and Recorder's remarks
Section 52 of the Sentencing Act 2020 requires an explanation of the reasons for and effect of the sentence.
Sentencing Act 2020, section 52
Totality principle in sentencing: Consecutive sentences are usually appropriate where one offence has a statutory minimum sentence and concurrent sentences would undermine it.
Totality guidelines
Sentencing must be proportionate to the offense committed, even when considering extensive prior convictions.
Case law and implied principle of proportionality
Outcomes
The appeal was partially allowed.
The sentence for going equipped was manifestly excessive, and the concurrent sentence for possession of a bladed article undermined the statutory minimum.
The 21-month sentence for going equipped was quashed.
The court substituted a 10-month sentence for going equipped, to run consecutively with the 6-month sentence for possession of a bladed article (total 16 months). The 1-month sentence for amphetamine remained concurrent.