Carl Derrill Davies [2019] EWCA Crim 919

The appellant pleaded guilty to perverting the course of justice and a related offence of driving without insurance. He was sentenced to six months’ imprisonment and as the offence was committed during the operation period of a suspended sentence that sentence was ordered to be served in full, adding 23 weeks to run consecutively.

The appellant gave his brother’s name when stopped by the police, his brother was summonsed to court and it was only when the blood sample that had been taken was analysed that the false name was discovered. The delay meant that the appellant could not be prosecuted for driving whilst unfit through drugs.

There was no issue taken with the sentence for the substantive offence, the criticism was limited to the fact that the Recorder activated in full the suspended sentence. By the time the appellant was sentenced almost a year had elapsed since the imposition of the suspended sentence and he had completed most of the rehabilitation activity requirement.

Held: the offence which placed the appellant in breach of the order occurred about two months after the sentence was imposed, and the offence on indictment was more serious than the offences for which the suspended sentence was imposed (possession of Class A and possession with intent to supply Class B). Accordingly, under the Sentencing Council’s breach offences guideline, the guideline penalty was for full activation of the original custodial term. The appeal was dismissed save for a clarification as to the disqualification.