A man was jailed for being in a banned far-right group. He later changed his ways. The court said the judge's sentence was fair, even though the man's remorse was significant. The judge gave him a discount for his changed behavior but it wasn't enough to overturn the original sentence.
Key Facts
- •David Musins (36) pleaded guilty to membership of a proscribed organisation (NS131, a continuation of National Action) contrary to section 11 of the Terrorism Act 2000.
- •Membership lasted from December 2016 to August 2017.
- •Musins participated in various activities, including meetings, training camps, graffiti events, and creating promotional videos.
- •He was identified by police in March 2021.
- •By 2017, Musins had ceased involvement with NS131, obtained a job, and changed his views.
- •He received a 3-year custodial sentence with a 1-year licence period.
Legal Principles
Sentencing guidelines for membership of a proscribed organisation under the Terrorism Act 2000.
Sentencing Council definitive guideline (pre-increase)
Outcomes
Appeal against sentence refused.
The judge's assessment of culpability (active member, sought to expand reach), starting point (6 years, later reduced to 3 years after mitigation and plea discount), and the mitigation (change of mindset, no prior convictions, employment, etc.) was within the range of reasonable judgment.