John, R. v (Rev1) [2022] EWCA Crim 54 (19 January 2022)

John, R. v (Rev1) [2022] EWCA Crim 54 (19 January 2022)

A special custodial sentence under section 278 of the Sentencing Code may only be suspended if the aggregate of the custodial term and licence does not exceed 2 years. The sentence imposed below was unlawful because it exceeded this limit. Suspension of such sentences is only appropriate in exceptional circumstances due to statutory purpose and practical difficulties. The original sentence was quashed and replaced with an immediate custodial sentence.

Citation
[2022] EWCA Crim 54
Parties
Prosecution: Regina; Offender: Ben John
Jurisdiction
England and Wales
Judgment Date
19 January 2022
Procedural Posture
Criminal Appeal (reference by Attorney General) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentence quashed as unduly lenient and unlawful; immediate custodial sentence imposed.
Legal Topics
Terrorism Offences, Sentencing Guidelines, Suspended Sentences, Special Custodial Sentences, Licence Conditions
Criminal Law Sentencing Terrorism Offences Sentencing Guidelines Suspended Sentences Special Custodial Sentences Licence Conditions

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Parties

Regina

Prosecution

Ben John

Offender

Procedural Posture

Criminal Appeal (reference by Attorney General) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether a special custodial sentence under section 278 of the Sentencing Code can lawfully be suspended
  2. 2 Whether the original sentence was unduly lenient

Ratio Decidendi

A special custodial sentence under section 278 of the Sentencing Code may only be suspended if the aggregate of the custodial term and licence does not exceed 2 years. The sentence imposed below was unlawful because it exceeded this limit. Suspension of such sentences is only appropriate in exceptional circumstances due to statutory purpose and practical difficulties. The original sentence was quashed and replaced with an immediate custodial sentence.

Court Disposition

Appeal allowed; sentence quashed as unduly lenient and unlawful; immediate custodial sentence imposed.

Orders

  • Suspended sentence quashed.
  • Special custodial sentence of 3 years imposed (2 years custody, 1 year licence).