R v Joshua Gilligan
[2024] EWCA Crim 618
R v Frank Sines
24 May 2023
[2023] EWCA Crim 713
Court of Appeal
A man was sentenced to 15 months in prison for assaulting a police officer. He appealed, saying his mental health had worsened since the initial psychiatric report the judge had. The appeal court said the judge was right to use the older report because the man's mental health problems were long-standing, and his sentence was fair considering his past crimes.
Key Facts
- •Appellant pleaded guilty to assault of an emergency worker (index offence).
- •Index offence occurred while two suspended sentence orders (SSOs) were in effect.
- •First SSO: 18 weeks imprisonment suspended for 2 years (amended from initial sentence).
- •Second SSO: 18 months imprisonment suspended for 2 years.
- •Appellant had history of assaulting emergency workers and other offences.
- •Appellant had significant mental health issues (Emotionally Unstable Personality Disorder, ADHD, depression, alcohol addiction).
- •Index offence involved throwing cider over a police officer.
- •Judge sentenced appellant to 4 weeks imprisonment for index offence and activated both SSOs (1 month and 14 months consecutively).
- •Defence applied to reopen sentence due to unreported serious decline in appellant's mental health, leading to hospitalisation under Mental Health Act 1983.
- •Updated psychiatric report obtained for appeal confirmed ongoing serious mental health issues.
Legal Principles
Sentencing Guideline relating to Assault on an Emergency Worker.
Sentencing Guideline
Overarching Guideline on Sentencing Offenders with Mental Disorders.
Overarching Guideline
Overarching Guideline on Breach of a Suspended Sentence Order.
Overarching Guideline
Section 232 of the Sentencing Act 2020 – requirement to obtain and consider a medical report if an offender appears to be suffering from a mental disorder.
Sentencing Act 2020
Outcomes
Appeal dismissed.
Court found that the judge was entitled to rely on the existing psychiatric report and refuse the adjournment. The judge appropriately considered the appellant's mental health issues alongside the seriousness of the offences, including the aggravating factors of previous convictions and alcohol consumption. Activation of SSOs was deemed just given the circumstances.