AIB, R. v [2024] EWCA Crim 422 (26 April 2024)

AIB, R. v [2024] EWCA Crim 422 (26 April 2024)

The sentencing judge erred in failing to give sufficient weight to the appellant's assistance as a CHIS, as evidenced by the recent 'text' confirming substantial and reliable information provided, financial rewards, and credible risk to life. Applying the principles in R v Royle & ors, a reduction of approximately 40% is appropriate, resulting in a total sentence of 60 months.

Citation
[2024] EWCA Crim 422
Parties
Respondent: Rex; Appellant: AIB
Jurisdiction
England and Wales
Judgment Date
26 April 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal against sentence allowed in part
Legal Topics
Sentencing of Informers, Reduction of Sentence for Assistance, Sentencing Guidelines
Criminal Law Sentencing of Informers Reduction of Sentence for Assistance Sentencing Guidelines

Case Brief

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Parties

Rex

Respondent

AIB

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge gave sufficient regard to the appellant's role as a CHIS (Covert Human Intelligence Source) and the impact of the 'text' confirming assistance and risk.
  2. 2 Whether the sentence should be reduced in light of recent authoritative guidance on sentencing informers.

Ratio Decidendi

The sentencing judge erred in failing to give sufficient weight to the appellant's assistance as a CHIS, as evidenced by the recent 'text' confirming substantial and reliable information provided, financial rewards, and credible risk to life. Applying the principles in R v Royle & ors, a reduction of approximately 40% is appropriate, resulting in a total sentence of 60 months.

Court Disposition

Appeal against sentence allowed in part

Orders

  • Total sentence reduced to 60 months (5 years) imprisonment.