Gwilym, R. v [2018] EWCA Crim 377 (22 February 2018)

Gwilym, R. v [2018] EWCA Crim 377 (22 February 2018)

The Recorder erred in partially apportioning culpability and imposing a consecutive determinate sentence for Count 1. The appropriate approach was to take the sentence for Count 1 into account when assessing the custodial term for Count 3, resulting in a concurrent sentence for Count 1. The extended sentence imposed was lawful and justified given the appellant's dangerousness and aggravating features.

Citation
[2018] EWCA Crim 377
Parties
Prosecution: Regina; Appellant: Daniel James Gwilym
Jurisdiction
England and Wales
Judgment Date
22 February 2018
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Extended Sentence, Dangerous Offender, Racially Aggravated Assault, Assault Occasioning Actual Bodily Harm, Sentencing Guidelines, Totality Principle
Criminal Law Extended Sentence Dangerous Offender Racially Aggravated Assault Assault Occasioning Actual Bodily Harm Sentencing Guidelines Totality Principle

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Parties

Regina

Prosecution

Daniel James Gwilym

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the extended sentence imposed was lawful under section 226A Criminal Justice Act 2003
  2. 2 Whether the consecutive determinate sentence for Count 1 was appropriate
  3. 3 Whether the principle of totality was properly applied

Ratio Decidendi

The Recorder erred in partially apportioning culpability and imposing a consecutive determinate sentence for Count 1. The appropriate approach was to take the sentence for Count 1 into account when assessing the custodial term for Count 3, resulting in a concurrent sentence for Count 1. The extended sentence imposed was lawful and justified given the appellant's dangerousness and aggravating features.

Court Disposition

appeal allowed in part

Orders

  • Sentence on Count 1 to run concurrently with Count 3
  • Extended sentence on Count 3 remains as passed