Newsome [2019] EWCA Crim 639

The appellant committed a number of offences in breach of a suspended sentence order. He was sentenced to 13 months’ imprisonment for common assaults and breach of a restraining order, and the SSO was activated in its entirety, 19 months, to be served consecutively. He was also subject to a community order which was revoked and a further 3 months’ imprisonment to be imposed, also to be served consecutively. A total of 35 months.

It was submitted that the completed hours on the unpaid work requirement had not been taken into account (85 out of 150) and the issue of totality was raised.

Held: each case is fact specific and the guidelines require the court to assess and consider the level of compliance or otherwise and relate the same to activation of the suspended sentence in full or at a reduced level. The sentencing judge should have made some reduction although he was right to take the view that it was an aggravating feature that there had been repeated breaches of court orders. The activated term was reduced from 19 months to 12 months and the term for breach of the restraining order reduced from 7 to 4 months making a new total of 25 months.