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R v Nicholas Ian Roddis

[2024] EWCA Crim 35
A man was sentenced to four years in prison for various crimes, including failing to tell the police about his new phones and bank card as required after a past terrorism conviction. He appealed, arguing the sentence was too long, but the Court of Appeal disagreed, saying the sentence was justified given the seriousness of his crimes.

Key Facts

  • The applicant, Nicholas Ian Roddis, was sentenced to four years' imprisonment.
  • Offences included stalking (three months), possession of ammunition (two months), and failure to notify details under the Counter Terrorism Act 2008 (three years).
  • The stalking occurred while a 12-month suspended sentence for a weapons offence was in effect.
  • The notification offences stemmed from a 2007 conviction for planting an imitation bomb and related terrorism material.
  • The applicant failed to notify authorities of four mobile phones and one bank card.
  • The applicant's appeal challenged the three-year sentence for notification offences as manifestly excessive and argued the judge failed to consider totality.
  • The applicant was convicted of the notification offences at Sheffield Magistrates' Court.

Legal Principles

Totality principle in sentencing

Implicit in the judgment

Sentencing guidelines for breaches of Sexual Harm Prevention Orders (SHPOs) and notification requirements under s.91 of the Sexual Offences Act 2003 are not directly comparable to counter-terrorism notification offences.

Single judge's refusal of leave to appeal

The seriousness of terrorism offences and the importance of compliance with notification requirements for public safety.

Single judge's refusal of leave to appeal

Outcomes

The application for leave to appeal against sentence was dismissed.

The single judge's assessment of the sentence as appropriate, considering aggravating factors (offences committed on bail and during a suspended sentence, previous convictions), and the seriousness of the counter-terrorism notification offences, was upheld. The court found the three-year sentence for notification offences was not manifestly excessive and that the judge properly considered the totality principle.

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