Nicholas Burke [2019] EWCA Crim 928

A “deterrent” sentence of 2 months imprisonment was imposed following a guilty plea to perverting the course of justice. The appellant, who was of good character, had fitted a laser jamming device to his car in order to avoid further endorsements on his driving licence. In imposing the sentence, the judge drew a number of distinctions from the case of Twizell and noted the community impact statement before the court that referred to the “increasing number of vehicles fitted with laser jamming devices.”

Held: the impact statement did not indicate that this kind of offending was prevalent in the relevant area, there was no supporting evidence to justify the suggestion that prevalence in the area was such that the sentence needed to send out a message to others minded to use such devices. The sentence was manifestly excessive, the sentence of 2 months’ immediate imprisonment was suspended for 2 years.

Comment: The transcript contains an error, Mr A Thompson who appeared on behalf of the Appellant is counsel, not a solicitor advocate.