Daniel McAllister [2019] EWCA Crim 1419

The appellant pleaded guilty to causing an explosion likely to endanger life or cause serious injury to property, non-dwelling burglary and dangerous driving. He was sentenced to a total of 10 years and 6 months’ imprisonment.
The appellant, with others, used a circular saw to cut through the security shutter to gain access to the ATM in a shop. They wrenched open the ATM and used explosive gas to open the rear of the machine. They stole around £20,000, and significant damage was caused to the machine and the fabric of the building. The appellant lost control of the getaway vehicle and crashed; the other offenders escaped and were not apprehended. He suffered life-changing injuries in the crash and was still visibly suffering at the time of sentence.

The grounds of appeal were that the judge failed to take into account totality, and there was insufficient regard to his personal mitigation.

Held: the judge said he had taken totality into account and he was clearly entitled to impose consecutive sentences. It was only incumbent on him to reduce the consecutive sentences if the upshot would be unjust and disproportionate. Although this was a harsh sentence, the judge reflected totality by passing a concurrent sentence for the dangerous driving. Although the appellant’s injuries were life-changing the fact remains the injuries arose out of his criminal activity and his dangerous driving when escaping apprehension. The disqualification period was tweaked, but overall the appeal was dismissed.