Howarth, R. v [2022] EWCA Crim 1836 (24 November 2022)

The sentence imposed exceeded the applicable guideline range for a Category 2B offence without sufficient justification, as the seriousness of the offence and aggravating factors warranted a sentence at the top of the range but not beyond it; the increase in statutory maximum did not require an uplift in this case.

Citation: [2022] EWCA Crim 1836
Parties: Respondent: Rex; Applicant: Conrad Howarth
Jurisdiction: England and Wales
Judgment Date: 24 November 2022
Procedural Posture: Criminal Appeal / Court of Appeal Judgment on Sentence
Outcome: appeal allowed in part
Legal Topics: Sentencing, Possession of Terrorist Material, Sentencing Guidelines, Aggravating and Mitigating Factors

Criminal Law Counter Terrorism Sentencing Possession of Terrorist Material Sentencing Guidelines Aggravating and Mitigating Factors

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 6

Parties

Rex

Respondent

Conrad Howarth

Applicant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Sentence

Legal Issues

1 Whether the sentencing judge erred in uplifting the starting point above the guideline range due to an increased statutory maximum
2 Whether retention of the document was properly treated as an aggravating factor

Ratio Decidendi

Court Disposition

appeal allowed in part

Orders

Sentence on count 1 quashed and substituted with a special custodial sentence of 45 months and a one year extended licence.