Davids [2019] EWCA Crim 553; [2019] 2 Cr App R (S) 33

The point was taken on an application for leave to appeal against sentence that the appellant had indicated a plea at the earliest opportunity, namely in the magistrates’ court when the Better Case Management form was filled in. On that form the section headed plea was completed “no indication”, underneath “To be completed by the Court” was written “Likely to be guilty pleas on a basis”.

The Court of Appeal’s view was that this was not an indication of plea such as to entitle the applicant to full credit, it was keeping options open. The applicant’s brother had written “likely to be guilty pleas on a basis” in the section headed “Pleas” and was given full credit, the defence argued this gave rise to objectionable disparity. The judge was addressed on this after passing sentence and said he treated the words being written on the part of the form designated for the indicated pleas to be sufficient to give rise to maximum credit. The Court of Appeal was right that the point did not give rise to an argument on objectionable disparity. The renewed application was refused.