Chantel Newsome [2019] EWCA Crim 921

The appellant stole £565,709.82 from her employer over a period of 6 years, as a result of the loss the company had to make a number of redundancies. Documentation produced at the sentence hearing disclosed that the appellant had stage 4 bowel cancer with a prognosis of 18 to 24 months with treatment. She was sentenced to 3 years’ imprisonment which was reduced to take her illness into account but noting that such matters can be considered by the Secretary of State when looking at early release.

Further reports were obtained following sentence clarifying that the prognosis of 18-24 months was from the date of diagnosis rather than sentence. The prognoses at the time of the appeal was 12-15 months. She also had to be cared for in a single room due to the risk of infection and was on a unit or those with personality disordered due to this being the available space. The defence sought to admit this material as “fresh evidence” under s23 of the Criminal Appeal Act 1968, the Court was of the view that it could properly be regarded as updating and clarifying material.

Held: the real point which arises is the judge’s approach to the terminal illness, the Court of Appeal bore in mind the cases of Qazi, Bernard and Clarke. It was accepted the appellant’s health was in a parlous state but there could be no principled criticism to the approach taken by the sentencing judge such that the only question was whether the four month reduction given was sufficient. Bearing in mind the illness and the impact on her two young children the Court was persuaded that as an act of mercy the imprisonment could be reduced to one of 18 months.