Nathan Allen Pleace [2019] EWCA Crim 1382

The applicant was convicted of violent disorder and sentenced to 2 years and 9 months’ imprisonment. The incident involved a group of Aston Villa supporters going to a pub where there were Cardiff City fans and a serious violent incident occurred. The applicant threw a bottle toward the Aston Villa fans before going back inside the pub, the group attempted to get in the pub, throwing punches. The applicant threw an item from the bar and confronted then attacked one of the rival fans, kicking out at him on the floor.

The judge reached the conclusion that the Cardiff City fans had not wanted or planned any trouble but when the rival fans did arrive the applicant inflamed the situation and was found to have been responsible for the most serious violence and the most culpable along with two rival fans.

The short point for the appeal was whether the discount for personal mitigation was insufficient to the extent that it yielded a sentence which was manifestly excessive. The applicant had previous convictions for disorder and had been in the parachute regiment, serving in Afghanistan. He had been assessed by a veteran’s therapist and put on a waiting list for trauma-based therapy, details of a provisional diagnosis of PTSD and broad proposals for ongoing treatment were set out in reports.

Held: it was quite correct for the judge to conclude the applicant’s service record balanced out his previous bad character for public order offences. It is the existence of PTSD as opposed to a working diagnosis which can provide personal mitigation. The judge did not err. The application was dismissed.