Ryan Joshua Ball [2019] EWCA Crim 1260

The appellant was charged with assault occasioning actual bodily harm, possession of an offensive weapon and two offences of assault upon an emergency worker. He did not enter pleas at the magistrates’ court and was committed to the Crown Court. Proposed pleas and a basis were discussed at the PTPH but for technical reasons the appellant could not sign the basis and the case was adjourned for a week. At that hearing the basis was signed but the Crown indicated the case had not been reviewed and there was a further short adjournment at which point the appellant entered guilty pleas. At the sentence hearing he was given a 20% discount for his pleas. Counsel conceded that he was not entitled to a one third discount but the indication of plea at the first crown court hearing should be sufficient.

Held: the guidelines are clear, an indication of plea is sufficient and, unless there are other reasons for not giving the reduction, the full discount of 25% should be applied. The appeal was allowed, and the sentence reduced accordingly.