R v Bradley Cooke

MR JUSTICE GOOSE: On 12 May 2023 in the Crown Court at Durham before Her Honour Judge Kidd, the applicant pleaded guilty to possessing a prohibited firearm, contrary to section 5(1)(a)(b)(a) of the Firearms Act 1968 and possession of ammunition without a certificate, contrary to section 1(1)(b) of the same Act. On the date of sentence the applicant was aged 20. He was sentenced to five years' imprisonment on each offence concurrently.

This application has been referred to the Full Court by the Registrar in respect of two errors that occurred in the sentencing process. Firstly, that the court did not state publicly that the applicant was entitled to credit against his custodial term for the time spent on bail subject to a Qualifying Curfew. Secondly, because the applicant was under the age of 21 when sentenced, his custodial term should not have been expressed as imprisonment but detention in a young offender institution, consistent with section 227 of the Sentencing Act 2020.

The application is also substantially out of time by 642 days, such that leave to appeal the sentence is required from this Court. We give leave both in relation to the extension of time and for the appeal against sentence.

Dealing with the necessary corrections in turn, the appellant had served 220 days under Qualifying Curfew whilst on bail and awaiting his trial and sentence. It appears from the grounds of appeal that this was brought to the attention of the court but, by an omission, was not referred to during sentencing. It was necessary to pronounce the sentence with any credit given for the time served and a Qualifying Curfew being discounted by 50 per cent in accordance with the decisions of this court in R v Thorsby [2015] EWCA Crim 1 and R v Marshall [2015] EWCA Crim 1999. The statutory provision for the reduction is contained within section 325 of the Sentencing Act 2020. The prosecution in their Respondent's Note agree the appropriate reduction in sentence to be 110 days and invites this Court to accede to the appeal. Accordingly, we amend the concurrent sentences of five years on count both Counts 1 and 2 of the Indictment now to be five years less 110 days on each offence.

Further, both of those sentences will be for detention in a young offender institution given that the appellant was aged 20 upon being sentenced. Accordingly, having granted leave and the extension of time, we allow this sentence appeal to the extent that we have stated.