R v Anthony Douglas
[2023] EWCA Crim 1709
R v Michael Forbes
13 August 2024
[2024] EWCA Crim 971
Court of Appeal
A man was sentenced for attacking a police officer and carrying knives and tools. The court mostly agreed with the original sentence, but reduced one part because the judge made a mistake about why the man had the tools. The total jail time stayed the same.
Key Facts
- •Michael Forbes (37) pleaded guilty to assault on an emergency worker, going equipped for theft, two counts of possessing a bladed article, and possessing class B drugs.
- •Offenses occurred in Welwyn Garden City on November 17, 2023, involving Forbes cycling with tools and knives, and assaulting a police officer.
- •Forbes assaulted PC Martin Field, crashing his bicycle into the officer, resisting arrest, and spraying the officer with PAVA spray.
- •Forbes had 33 convictions for 85 offenses, including violence, weapons possession, and theft.
- •The trial judge sentenced Forbes to 24 months imprisonment: 12 months for assault, 9 months for going equipped (concurrent), and 12 months for the bladed article offenses (consecutive).
Legal Principles
Sentencing guidelines for assault on an emergency worker, including identifying the appropriate category, positioning the offense within the category, and applying an appropriate uplift.
Sentencing Council guideline for assault on an emergency worker
Sentencing guidelines for going equipped for theft, considering culpability and harm.
Sentencing Council guideline for going equipped
Sentencing guidelines for possessing bladed articles, considering culpability and harm.
Sentencing Council guideline for bladed articles
Principle of totality in sentencing.
Totality guideline of 2023
Outcomes
Appeal partially allowed.
The court found that the judge correctly applied the sentencing guidelines for assault on an emergency worker and the bladed article offenses. However, they found an error in the sentencing for 'going equipped', where the judge considered the tools suitable for burglary, although the plea was for theft from cars. The court also found that the judge's consideration of the bladed articles was appropriate.
Sentence for going equipped reduced.
The sentence for going equipped was quashed and replaced with a five-month concurrent sentence, reflecting the correct application of the guidelines for theft from cars.