Hawe, R. v [2025] EWCA Crim 1101 (20 June 2025)

Hawe, R. v [2025] EWCA Crim 1101 (20 June 2025)

Where an offender has already served a period of custody equivalent to or exceeding the appropriate sentence for the offences, it is wrong in principle to impose a further community order exposing the offender to additional punishment for culpable breach. The correct approach is to extinguish the community order and substitute a sentence reflecting only the outstanding elements from a prior, revoked order.

Citation
[2025] EWCA Crim 1101
Parties
Prosecution: Rex; Applicant: Edwin Hawe
Jurisdiction
England and Wales
Judgment Date
20 June 2025
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Community Orders, Time Served on Remand, Domestic Abuse, Appeal Procedure
Criminal Law Sentencing Community Orders Time Served on Remand Domestic Abuse Appeal Procedure

Case Brief

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Parties

Rex

Prosecution

Edwin Hawe

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred by failing to account for time served on remand when imposing a community order
  2. 2 Whether the total sentence was manifestly excessive or wrong in principle

Ratio Decidendi

Where an offender has already served a period of custody equivalent to or exceeding the appropriate sentence for the offences, it is wrong in principle to impose a further community order exposing the offender to additional punishment for culpable breach. The correct approach is to extinguish the community order and substitute a sentence reflecting only the outstanding elements from a prior, revoked order.

Court Disposition

appeal allowed in part

Orders

  • Original community order revoked
  • Substituted with a 15-month community order with up to 15 days rehabilitation activity requirement and 120 hours unpaid work