R v Alun Roy Northcott

The appellant appeals with leave granted by the single judge against the sentence imposed on him on 31 January 2025 in the Crown Court at Cardiff for two offences to which he had pleaded guilty in the same court on 27 January 2025:

On 27 August 2023 the appellant, who was riding a bicycle in a park in Cardiff, approached Julia Morris, who was with her two foster children. The children were 2 years old and 5 months old. The appellant said, "I don't want to hurt you, give me your purse." Ms Morris held her hands up and said that she did not have a purse. She tried to get away from the appellant, but he moved towards her and once again said, "I don't want to hurt you." As was accepted by the appellant's counsel, these words carried the implication and the threat that the appellant would have hurt Ms Morris if he had not got his way. The appellant then grabbed her bag, which was hanging over the handle of her pushchair. He produced a knife, similar to a carving knife, from his right sleeve and he used this to cut the bag's strap. Ms Morris was in fear for her life and for the lives of her young children. The appellant then made off with the bag. Inside the bag was, amongst many other things, an i-Phone in a leather case. The case also contained three bank cards. Two days later, an attempt was made to use one of the bank cards.

The appellant was 32 when he committed these offences. During those 32 years, thanks largely to his involvement with drugs, he had acquired an appalling criminal record. He had been convicted of 48 previous offences committed between 2004 and 2020. These included: many violent offences; an offence of unlawful wounding; offences of robbery; and offences of possessing a bladed article. In particular, the appellant had received a sentence of 8 years' imprisonment in 2016 for three offences of robbery and two offences of possessing a knife or article with a blade or a sharp point in a public place. Two days after committing these offences, on 29 August 2023 the appellant committed an offence of robbery. Then on 30 August 2023 he committed an offence of uttering a threat to kill. For those offences the appellant received an extended sentence imposed in 2023 of 7 years and 8 months, consisting of a custodial term of 4 years and 8 months and an extension period of 3 years. The appellant was serving that sentence when the sentences now appealed against were imposed.

There was no pre-sentence report. We agree that none was necessary.

In her victim personal statement, Ms Morris explained: that she had believed that she and the children were going to die; that the loss of her mobile telephone had involved the loss of photographs and messages of sentimental value; that the incident had caused her severe panic attacks and anxiety; that as a result she had consulted mental health professionals; that she felt unable to walk alone in public (an activity she used to enjoy); and that she had been unable to continue fostering the two children.

The recorder placed the robbery in category A2 in the offence-specific sentencing guideline. No complaint is made about that categorisation. The appellant's culpability was high because he produced a bladed article to threaten violence. The starting point for such an offence is 5 years' custody, with a range from 4 to 8 years. There were no mitigating factors.

The sole ground of appeal is that the sentence for the bladed article offence should have been concurrent rather than consecutive.

We agree. The production of the knife was a significant factor in the assessment of the appellant's culpability for the offence of robbery. Having taken account of it in that way, the recorder should not have counted it again by imposing a consecutive sentence for the bladed article offence.

We quash the consecutive sentence imposed for the bladed article offence. We impose instead a concurrent sentence of the same length: 16 months. The appellant's total sentence is now an extended determinate sentence of 8 years and 6 months, consisting of a custodial term of 5 years and 6 months and extension period of 3 years.