Jason Hewison [2019] EWCA Crim 1278

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The appellant pleaded guilty to domestic burglary and two offences of robbery and was sentenced to 3 years’ imprisonment for the burglary and an extended sentence comprising a custodial term of 6 years and an extended licence of 3 years for the robberies. The victims of the offences were a brother and sister for whom the appellant had done some work. The female victim had severe learning difficulties and was vulnerable, the effect of the offences upon them was profound.

A mental health assessment was ordered prior to sentence to assess dangerousness but the appellant declined to engage. No pre-sentence report was available at the sentence hearing due to an issue with the video-link, the judge was told the appellant was anxious to proceed and did not want to adjourn for a report. The judge formed the view that he was a dangerous offender and that he qualified for an extended sentence both by the length of sentence appropriate and the fact he had a previous conviction for s18.

The appeal focussed on the extended sentences on the basis he did not meet the dangerousness criteria and that an extended sentence should not have been imposed in the absence of a pre-sentence report. The final ground was that as he indicated pleas at the magistrates’ court, he should have been given full credit rather than 25%.

Held: The judge reached the decision on dangerousness carefully and on a proper and reasonable basis, there was no reason to interfere. The judge was entitled to reach the conclusion that a pre-sentence report was not necessary, the appellant was given the opportunity to seek a further adjournment and declined to do so. A report had been obtained for the appeal hearing and there was nothing in it to cast any doubt upon the judge’s assessment. The appellant did indicate pleas at the magistrates’ court and as robbery is an indictable only offence, he was unable to do anything more than that. The judge was incorrect to say that he should have pleaded guilty at that stage, the appropriate credit was one third. The appropriate sentence on the burglary was therefore 32 months and the extended sentences 8 years and 4 months with a custodial term of 5 years and 4 months.