Abbott & Ors v R.

Abbott & Ors v R.

The surcharge for multiple offences must be calculated based on the aggregate sentence or fine, not the highest individual component. No second surcharge is imposed for activation of suspended sentences or breach of community orders. Sentences must reflect the basis of plea and the totality principle.

Parties
1st Appellant: Scott Abbott; 2nd Appellant: Graham Michael Hawker; 3rd Appellant: Craig Karl Harrison; Respondent: The Queen; Intervener: The Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
08 April 2020
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeals allowed in part; sentences and surcharge orders varied.
Legal Topics
Surcharge Orders, Sentencing Principles, Breach of Suspended Sentence, Public Order Offences, Sexual Offences, Drug Offences
Criminal Law Sentencing Surcharge Orders Sentencing Principles Breach of Suspended Sentence Public Order Offences Sexual Offences Drug Offences

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Parties

Scott Abbott

1st Appellant

Graham Michael Hawker

2nd Appellant

Craig Karl Harrison

3rd Appellant

The Queen

Respondent

The Secretary of State for Justice

Intervener

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Calculation of surcharge orders for multiple offences
  2. 2 Approach to surcharge in mixed disposals (fine and imprisonment)
  3. 3 Imposition of surcharge upon activation of suspended sentences or breach of community orders

Ratio Decidendi

The surcharge for multiple offences must be calculated based on the aggregate sentence or fine, not the highest individual component. No second surcharge is imposed for activation of suspended sentences or breach of community orders. Sentences must reflect the basis of plea and the totality principle.

Court Disposition

Appeals allowed in part; sentences and surcharge orders varied.

Orders

  • Craig Karl Harrison: sentence quashed and substituted with 21 months' imprisonment; surcharge reduced to £140.
  • Graham Michael Hawker: suspended sentence activation reduced to 18 months; overall imprisonment reduced to 2.5 years; surcharge unaltered at £140.