Key Facts
- •Darren Feve was convicted of perverting the course of justice for lying to police about his stepson's whereabouts on the night of a murder.
- •His stepson, Kian Feve, was involved in a stabbing that resulted in a death.
- •Feve told police his stepson was at home when, in fact, he was in Grimsby.
- •Feve was sentenced to 12 months' imprisonment, suspended for 12 months, with 200 hours of unpaid work.
- •The Solicitor General appealed, arguing the sentence was unduly lenient.
Legal Principles
The offence of perverting the course of justice is very serious and almost always requires an immediate custodial sentence unless there are exceptional circumstances.
Long-established case law, including Attorney-General's Reference No 35 of 2009 (R v Binstead) [2009] EWCA Crim 1375 and Attorney-General's Reference (R v Graham) [2020] EWCA Crim 1693.
Sentencing guidelines must be followed unless it is contrary to the interests of justice.
Section 59 of the Sentencing Code
The Perverting guideline requires categorization of the offence by culpability and harm, and a custodial sentence is usually inevitable.
The Sentencing Council's Perverting guideline
When considering suspension of a custodial sentence, factors such as the prospect of rehabilitation, personal mitigation, and impact on others must be weighed. In most perverting the course of justice cases, the need for immediate custody to achieve appropriate punishment will outweigh other factors.
The Sentencing Council's Imposition guideline
Outcomes
The Court of Appeal granted leave to refer the case and found the original sentence unduly lenient.
The court determined that the seriousness of the offence, the deliberate nature of the lie, and the lack of truly exceptional circumstances warranted an immediate custodial sentence. The need for deterrence was highlighted.
The Court of Appeal chose not to increase the sentence.
The court considered the offender's compliance with the suspended sentence, his deteriorating health, and the potential impact on his family. In its discretion, it maintained the original sentence.