R v Paul Elvis Fellowes
[2023] EWCA Crim 819
R v Darren Hilling
10 October 2024
[2024] EWCA Crim 1279
Court of Appeal
Darren Hilling was given a very tough sentence (IPP) for a violent crime. The court decided this sentence was too harsh, considering his age and past offences. They gave him a different sentence that's still long but allows for release with supervision, keeping the public safe.
Key Facts
- •Darren Hilling pleaded guilty to wounding with intent to cause grievous bodily harm (s.18 Offences Against the Person Act 1861).
- •The offence involved a vicious attack on Mr. Woods, including stabbing, tying up, and threats.
- •Hilling was sentenced to an Imprisonment for Public Protection (IPP) sentence with a minimum term of 4 years less 27 days.
- •Hilling had 30 previous convictions for 69 offences, including five involving violence.
- •The judge found Hilling dangerous under s.225 Criminal Justice Act 2003.
- •The appeal challenged the IPP sentence, arguing an extended sentence should have been imposed.
- •Hilling's subsequent behaviour included further offences while imprisoned and on licence.
Legal Principles
A court should consider all alternative sentencing options when determining whether an IPP sentence is necessary, favouring an extended sentence if appropriate public protection can be achieved.
Attorney-General’s Reference (No 55 of 2008) [2008] EWCA Crim 2790
A change in penal policy (e.g., abolishment of IPP sentences) does not justify reducing sentences imposed under the previous regime if the original sentence was lawfully imposed.
R v Roberts [2016] EWCA Crim 71
Turning 18 does not mark the end of maturity; development continues into the twenties.
Case Law discussion
Outcomes
The IPP sentence was quashed.
The court found that an extended sentence, with its custodial period and extended licence, could provide adequate public protection without resorting to the more draconian IPP sentence. The appellant's age at the time of the offence, his lack of an entrenched pattern of serious violence, and the availability of post-custodial support under an extended sentence were considered.
An extended sentence of 12 years imprisonment (less 27 days) was substituted, comprising an 8-year custodial term (less 27 days) and a 4-year extended licence period.
This sentence allows for a lengthy custodial period and continued supervision upon release, offering adequate public protection.