Harding [2018] EWCA Crim 2526

The appellant pleaded guilty to possession of a bladed article, having 5 convictions for similar. The offence was committed shortly after his release on licence, it was committed in order to be returned to prison due to his personal circumstances. He told a member of staff in a small supermarket to call the police as he was in possession of a knife, the knife was not brandished, and he waited for the police to attend and cooperated with them.

The sentencing judge accepted that the offence was committed with the intention of being detained in prison, she said the offence fell into category 1 because serious alarm or distress was caused or risked. The Court of Appeal did not agree that his objective had been to risk causing serious alarm or distress, his objective was to be arrested. The correct categorisation was 2A, the sentence was reduced from 16 months to 8 months’ imprisonment.