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England and Wales Court of Appeal (Criminal Division) Decisions
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Parker, R. v [2025] EWCA Crim 728 (22 May 2025)
URL: http://www.bailii.org/ew/cases/EWCA/Crim/2025/728.html
Cite as:
[2025] EWCA Crim 728
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WARNING: reporting restrictions may apply to the contents transcribed in this document, particularly if the case concerned a sexual offence or involved a child. Reporting restrictions prohibit the publication of the applicable information to the public or any section of the public, in writing, in a broadcast or by means of the internet, including social media. Anyone who receives a copy of this transcript is responsible in law for making sure that applicable restrictions are not breached. A person who breaches a reporting restriction is liable to a fine and/or imprisonment. For guidance on whether reporting restrictions apply, and to what information, ask at the court office or take legal advice.
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Neutral Citation Number: [2025] EWCA Crim 728 |
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CASE NO 202501077/A2 |
IN THE COURT OF APPEAL
CRIMINAL DIVISION
ON APPEAL FROM THE CROWN COURT AT LEWES
HHJ LAING CP No: 47WW3205324
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Royal Courts of Justice Strand London WC2A 2LL
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22 May 2025 |
B e f o r e :
LORD JUSTICE FRASER
MR JUSTICE HILLIARD
MR JUSTICE CONSTABLE
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Computer Aided Transcript of Epiq Europe Ltd,
Lower Ground Floor, 46 Chancery Lane, London, WC2A 1JE
Tel No: 020 7404 1400; Email: rcj@epiqglobal.co.uk (Official Shorthand Writers to the Court)
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NON-COUNSEL APPLICATION
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HTML VERSION OF JUDGMENT
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Crown Copyright ©
- MR JUSTICE HILLIARD: On 3 January 2025, in the Crown Court at Lewes, the applicant, then aged 39, pleaded guilty to breach of a Sexual Harm Prevention Order.
- On 5 February 2025, he was sentenced to eight months' imprisonment.
- He now renews applications for an extension of time of 14 days and for leave to appeal against sentence after refusal by the single judge.
- On 23 October 2023, in the Crown Court at Guildford, the applicant was made the subject of a seven-year Sexual Harm Prevention Order following his conviction for sexual assault. The order prohibited the applicant from remaining in the company of any female when it had been indicated that the female did not wish to be in his company, whether indicated by direct speech or otherwise.
- On 5 December 2024, the applicant, who was drunk, approached a lady in a charity shop in Lancing. He moved his face to within a couple of inches of the lady's face before pulling down his outer trousers. He then began to head towards the rear of the shop where another lady was working behind the till. She felt intimidated and took refuge in a room behind the till. She thought that he was eyeing up a charity box by the till. She rang the police. She described herself as distressed, anxious and concerned about what the applicant might do to her and others. The applicant was arrested on the same day.
- He had a large number of previous convictions for violence, dishonesty, harassment, public order offences and numerous breaches of court orders. Sentences included community orders and short sentences of imprisonment.
- There was no pre-sentence report. None was necessary, then or now.
- When she passed sentence, the judge said that probation services had sought to give the applicant help but he did not take it. She was satisfied that custody was the only option. She said that the offence fell into Category B2 of the applicable sentencing guidelines with a starting point of one year's custody. She gave him full credit for plea, resulting in a sentence of eight months' imprisonment.
- In his own grounds of appeal, the applicant complained that he was not represented when he entered his guilty plea, that there was insufficient evidence against him, that he was given insufficient credit for his guilty plea and that insufficient regard was had to his health.
- In refusing leave, the single judge said:
"1. You complain about not being represented at the time at which you entered your guilty plea. However, you were represented at the time of sentence. Your lack of representation at the earlier plea hearing is irrelevant to any appeal against sentence.
2. Similarly, you seem to complain about the lack of prosecution evidence. That too is irrelevant. You pleaded guilty. It is then the judge's duty to sentence you on the basis of what you admitted - whatever the state of the evidence.
3. You complain that your poor health was not given consideration. I have seen no evidence of ill health: a judge cannot give weight to something which is not established in evidence and cannot be gleaned from other material before her.
4. Finally, you assert that you were given insufficient credit for your guilty plea. The judge gave you 1/3 credit – that is the maximum available credit. There is nothing in this allegation.
I have considered the papers in this case with a view to finding other viable grounds of appeal which you have not highlighted in the paperwork. I can find none. The Judge identified the proper Sentencing Council Definitive Guideline. She placed your offending into the proper category within the Guideline. She adopted the proper starting point. She took a merciful course in making no upwards adjustment from the starting point to reflect your lengthy history of offending. She applied full discount for a guilty plea. The sentence is unimpeachable.
Given the lack of merit in your application for leave to appeal, I do not extend time."
- We cannot improve upon those observations. We agree with them. Accordingly, these renewed applications must be refused.