William Hill [2019] EWCA Crim 975

The appellant was sentenced to an extended sentence of 6 years comprising a custodial term of 5 years for threats to kill; 8 months concurrent for arson and 4 months on each of 4 charges of common assault, concurrent to each other and the other sentences.

The victim for threats to kill was the appellant’s former partner and there were previous convictions for assaults both upon her and others. Whilst on remand he assaulted 3 prison officers and a healthcare assistant and set fire to his cell. He was then admitted to hospital under an interim hospital order pursuant to s38 of the Mental Health Act.

Two psychiatric reports were before the sentencing judge but there was no recommendation for a hospital order. The suggestion was for psychological counselling, but the appellant wasn’t co-operating. Whilst in hospital there were further assault and incidents of threats and intimidation and the appellant was returned to prison.

Held: the appellant was committed to the crown court for sentence for threats to kill and the other offences under s3 of the PCCSA so the maximum available for the arson and assaults was 6 months. The sentencing judge reached the custodial term of 5 years by taking 4 years for the threats to kill, for the assaults 4 months consecutive and for arson 8 months consecutive. In principle there was nothing wrong with this approach and no injustice arises from the amalgamation of the term of four years for threats to kill with the much shorter terms. The sentence for the offence of arson was quashed and substituted with 4 months concurrent. The extended sentence was varied from 6 years to 5 years and 8 months comprising a custodial term of 4 years 8 months.