ON APPEAL FROM THE CROWN COURT AT PORTSMOUTH
HH Judge Melville QC
T2020 0315
Strand, London, WC2A 2LL |
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B e f o r e :
MR JUSTICE LAVENDER
and
HH JUDGE WENDY JOSEPH QC
sitting as a Judge of the Court of Appeal, Criminal Division
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CHRISTOPHER LADBROOK |
Appellant |
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- and - |
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THE QUEEN |
Respondent |
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Hearing date: 13 January 2022
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Crown Copyright ©
Lord Justice Holroyde:
"I will do everything I can to end you and everything you have, that's what you have done to me. … Enjoy the next few years, I will make it the worst ever in your life because of what you have done to me due to the lack of regard and responsibility for your actions"
"At least you don't need to return as there's fuck all for you. That's most of your clothes done and your memory box. I'll keep going, it feels good."
"(1) This section applies where a court is determining what sentence to pass on an offender who has pleaded guilty to an offence in proceedings before that or another court.
(2) The court must take into account the following matters –
(a) the stage in the proceedings for the offence at which the offender indicated the intention to plead guilty, and
(b) the circumstances in which the indication was given."
"F3. Offender convicted of a lesser or different offence
If an offender is convicted of a lesser or different offence from that originally charged, and has earlier made an unequivocal indication of a guilty plea to this lesser or different offence to the prosecution and the court, the court should give the level of reduction that is appropriate to the stage in the proceedings at which this indication of plea (to the lesser or different offence) was made taking into account any other of these exceptions that apply. In the Crown Court, where the offered plea is a permissible alternative on the indictment as charged, the offender will not be treated as having made an unequivocal indication unless the offender has entered that plea."
"The critical question is when and in what circumstances the defendant first indicates his intention to plead guilty to the offence in question and the mere fact that it has not been charged does not mean that full credit for plea will be preserved until it is."