Frazer Skinner [2019] EWCA Crim 1321

The appellant was sentenced to 5 months’ imprisonment for possession of a bladed article, a suspended sentence of 12 months was activated to run consecutively.

The suspended sentence was imposed following an incident of threatening words or behaviour outside a nightclub (for which he was cautioned) but during which he discharged a Taser disguised as a mobile phone. Three months into the sentence he was stopped while driving and a search of the car revealed a kitchen knife which he said he used to cut up his sandwiches. That explanation was rejected in a Newton hearing. He was also driving while under the influence of drugs. By the time of sentencing he had completed all 225 hours of the unpaid work under the order.

On appeal it was submitted the sentence should have been suspended, the length of sentence activated was excessive and the total length of sentence was excessive.

Held: there was no doubt an immediate custodial sentence was called for; the possession of the knife was aggravated by the fact it was a second weapons offence. A sentence of 5 months gave ample credit for the mitigation. The suspended sentence order was for an extremely serious offence meriting a sentence of 2 years in custody. The appellant was well aware he must abstain from further offending, the activation of only half the custodial element adequately reflected the completion of all the work hours and took account of totality. The appeal was dismissed.