Finch, R. v (Solicitor General's Reference) (Rev 1) [2021] EWCA Crim 377 (18 March 2021)

Finch, R. v (Solicitor General's Reference) (Rev 1) [2021] EWCA Crim 377 (18 March 2021)

The original sentence was unduly lenient given the high culpability, significant actual and potential harm to national security, and the need for deterrence. The defendant's Autism/Asperger's only slightly reduced culpability. The appropriate total sentence is 8 years' imprisonment, reflecting the seriousness of the offences and the ongoing risk posed by the defendant's refusal to comply with the disclosure notice.

Citation
[2021] EWCA Crim 377
Parties
Applicant: Solicitor General; Respondent/defendant: Simon James Finch
Jurisdiction
England and Wales
Judgment Date
18 March 2021
Procedural Posture
Criminal Appeal (solicitor General's Reference) / Court of Appeal Judgment on Sentence
Outcome
Appeal allowed; original sentences quashed and substituted with longer terms.
Legal Topics
Official Secrets, Sentencing, Appeal Against Sentence, Mental Health and Culpability, Regulation of Investigatory Powers
Criminal Law National Security Law Official Secrets Sentencing Appeal Against Sentence Mental Health and Culpability Regulation of Investigatory Powers

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Parties

Solicitor General

Applicant

Simon James Finch

Respondent/defendant

Procedural Posture

Criminal Appeal (solicitor General's Reference) / Court of Appeal Judgment on Sentence

Legal Issues

  1. 1 Whether the original sentence imposed on Simon Finch was unduly lenient for offences under the Official Secrets Act 1911, Official Secrets Act 1989, and Regulation of Investigatory Powers Act 2000; Whether the defendant's mental health (Autism/Asperger's) significantly reduced his culpability; The appropriate approach to sentencing for national security offences involving damaging disclosure and refusal to comply with a disclosure notice.

Ratio Decidendi

The original sentence was unduly lenient given the high culpability, significant actual and potential harm to national security, and the need for deterrence. The defendant's Autism/Asperger's only slightly reduced culpability. The appropriate total sentence is 8 years' imprisonment, reflecting the seriousness of the offences and the ongoing risk posed by the defendant's refusal to comply with the disclosure notice.

Court Disposition

Appeal allowed; original sentences quashed and substituted with longer terms.

Orders

  • Sentence on count 1 (Official Secrets Act 1911): 6.5 years' imprisonment
  • Sentence on count 2 (Official Secrets Act 1989): 18 months' imprisonment consecutive to count 1