R v Steven Carl Evans
[2024] EWCA Crim 237
R v Robert Evans
6 December 2023
[2023] EWCA Crim 1520
Court of Appeal
A man repeatedly abused and assaulted his ex-girlfriend. The judge gave him only three years in prison. The Court of Appeal said that wasn't enough and increased his sentence to ten years because he's dangerous.
Key Facts
- •Robert Evans (35) pleaded guilty to four counts: breaching a restraining order (Protection from Harassment Act 1997, s.5), putting a person in fear of violence by harassment (Protection from Harassment Act 1997, s.4(1)), assault occasioning actual bodily harm, and theft.
- •The offences involved a series of terrifying incidents against his former partner, Rebecca Bailey, over four consecutive days in March 2023, including repeated home invasions, assaults, threats, and theft.
- •Evans had a history of violent offending, including previous convictions for battery and wounding, and multiple breaches of restraining orders against Bailey.
- •The sentencing judge found Evans to be a dangerous offender but could not impose an extended determinate sentence because the initial sentence was less than four years.
- •The Attorney General referred the sentence as unduly lenient under section 36 of the Criminal Justice Act 1988.
Legal Principles
Unduly lenient sentence referral under section 36 of the Criminal Justice Act 1988.
Criminal Justice Act 1988
Sentencing guidelines for offences under the Protection from Harassment Act 1997 and assault occasioning actual bodily harm.
Sentencing Council Guidelines
Determination of culpability (A or B) and harm category (1) for sentencing under the relevant guidelines.
Sentencing Guidelines
Imposition of extended determinate sentences for dangerous offenders under sections 266-268 of the Sentencing Code and section 279.
Sentencing Code
Outcomes
The Court of Appeal granted leave to refer the sentence and deemed it unduly lenient.
The original sentence of three years' imprisonment was insufficient given the severity and persistence of the offending, the defendant's dangerousness, and the aggravating factors.
The original sentences were quashed and replaced with an extended determinate sentence of 10 years, comprising a custodial term of seven years.
The Court of Appeal reclassified the harassment offence as Category 1A, leading to a higher starting point, and considered the other offences in determining the overall sentence. The extended sentence reflects the defendant's dangerousness.