R v Terrance David Bailey
[2023] EWCA Crim 1542
R v Dean Anthony Swinbourne
19 July 2023
[2023] EWCA Crim 906
Court of Appeal
A man was sentenced to prison for burglary. The judge made a math mistake in calculating the sentence. The appeal court corrected the mistake, resulting in a slightly shorter prison sentence, but the decision not to delay the sentence was upheld.
Key Facts
- •Dean Anthony Swinbourne (34) pleaded guilty to domestic burglary of a 74-year-old woman's home, stealing jewellery and a credit card.
- •He has a significant criminal history, including multiple domestic burglary convictions.
- •He admitted to seven other daytime burglaries, which were taken into consideration.
- •The offence fell under Section 314 of the Sentencing Act 2020, mandating a 3-year custodial sentence unless exceptional circumstances existed.
- •A police report recommended Swinbourne for the C3 (Crime Free Community Desistance Programme) and potential sentence deferral.
- •The sentencing judge imposed a 3-year 2-month sentence, refusing to defer the sentence.
- •The judge found no exceptional circumstances relating to the offence, and deemed the C3 programme, while unusual, insufficient to justify not applying the minimum term.
Legal Principles
Mandatory minimum custodial sentence of 3 years for domestic burglary unless exceptional circumstances exist (Section 314, Sentencing Act 2020; Section 124, Police Crime Sentencing and Courts Act 2022).
Sentencing Act 2020, Section 314; Police Crime Sentencing and Courts Act 2022, Section 124
Exceptional circumstances must be truly exceptional to justify disapplying a minimum sentence; the collective impact of circumstances may make a case exceptional (R v Nancarrow [2019] EWCA Crim 470).
R v Nancarrow [2019] EWCA Crim 470
Sentence deferral is appropriate in a small group of cases at the custody or community sentence threshold, with clear indication of a likely lesser sentence upon compliance (Sentencing Guidelines Council New Sentences Definitive Guideline).
Sentencing Guidelines Council New Sentences Definitive Guideline
Outcomes
Appeal partly allowed.
The judge's calculation of the sentence was deemed to have an arithmetic error resulting in a manifestly excessive sentence.
Original sentence of 3 years, 2 months quashed.
The Court of Appeal recalculated the sentence based on the judge's own reasoning, leading to a corrected sentence.
Sentence substituted with 876 days' imprisonment (80% of the 3-year minimum term).
This reflects the mandatory minimum sentence after applying the correct plea reduction.
Refusal to defer sentence upheld.
The Court of Appeal found that the judge's decision was reasonably open to him and within the proper sentencing practice, despite acknowledging that deferral is a possibility in minimum term cases if exceptional circumstances apply.