R v Duane Walker
[2024] EWCA Crim 772
R v Daniel Plackett
5 September 2024
[2024] EWCA Crim 1205
Court of Appeal
Daniel Plackett hurt two people. A judge ordered him to pay them each £2000. An appeals court said he should still pay the bar manager £2000 but only £700 to the police officer because his injuries weren't as bad. The appeals court also reminded judges to always check how much money someone has before making them pay compensation.
Key Facts
- •Daniel Plackett assaulted Shelly Taylor (bar manager) and PC Keat (emergency worker).
- •Plackett pleaded guilty to assault occasioning actual bodily harm (Taylor), assault by beating (Keat), and obstructing a police constable.
- •Plackett was sentenced to a 12-month suspended sentence for assaulting Taylor and concurrent suspended sentences for the other offences.
- •Compensation orders of £2000 each were imposed for Taylor and Keat, payable in monthly installments.
- •Plackett appealed against the compensation orders only.
- •Plackett headbutted Taylor, breaking her nose, and headbutted PC Keat during his arrest.
- •Plackett had previous convictions for similar offences.
- •The judge did not specifically invite submissions on the compensation amounts or Plackett's means before making the orders.
Legal Principles
Compensation orders must be appropriate, considering the offender's means and any evidence/representations.
Section 135, Sentencing Act 2020
Six principles guide compensation orders: offender details means; judge inquires about and makes findings on means; court considers means; order must be realistic; no order if offender lacks means and relies on others; amount and installments considered.
R v York [2019] 1 Cr App R(S) 41
Compensation should benefit victims, not cause further harm; offender's ability to pay determines the order; victim's views should be considered.
Sentencing Council's Compensation Guideline
Court must consider offender's means and ensure sufficient inquiry into their ability to pay within a reasonable timescale.
R v Duane Walker [2024] EWCA 772
Enquiry into offender's means 'almost inevitably involves an enquiry' by the judge of defence counsel, ideally with an indication of provisional figures.
R v Phillips (Mark Adrian) [1988] 10 Cr App R(S) 419
Outcomes
Appeal dismissed regarding compensation for Shelly Taylor.
The £2000 compensation was considered appropriate given Taylor's broken nose and temporary mental anxiety.
Compensation order for PC Keat quashed and reduced to £700.
The original £2000 order was considered manifestly excessive given PC Keat's less serious injury (pain but no bleeding).