Buckle, R. v [2019] EWCA Crim 1652

[2019] EWCA Crim 1652
IN THE COURT OF APPEAL
CRIMINAL DIVISION
Venue Royal Courts of Justice Strand London, WC2A 2LLDate Friday, 7 June 2019
B e f o r e:
LORD JUSTICE SIMON
MR JUSTICE LAVENDER
HIS HONOUR JUDGE EDMUNDS QC
R E G I N A v
NEVILLE JOHN BUCKLE TRACY BUCKLE
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Mr B Outhwaite appeared on behalf of the Appellant Neville John Buckle
Mr C Aspinall appeared on behalf of the Appellant Tracy Buckle
J U D G M E N T
Between
BuckleDefendantRCrown

justice.

On 23 October 2018 they were each sentenced to 2 years' imprisonment for the assault

[2]occasioning actual bodily harm and to a consecutive sentence of 8 months' imprisonment for perverting the course of justice. They received concurrent sentences for criminal damage: 4 months' imprisonment in Mr Buckle's case and 1 month's imprisonment in Mrs Buckle's[3]case.[4]two children.[5]in the assault. What resulted was described by the judge as a prolonged, sustained group attack on T in her own home late at night in front of children. Mrs Buckle knocked over mirrors and other items, causing damage which led to her plea and sentence for criminal damage.[6]took it away and disposed of it. This was the offence of perverting the course of justice.[7]was compelled to move home and her children were compelled to move school.[8]were out of character.[9]together.[10]the sentencing took place in October, the pleas of guilty having been entered in May.[11]mitigating factors to which we have referred.[12]powers and the maximum sentence was therefore 3 months' imprisonment.[13]and replace it with a sentence of 2 months' imprisonment.[14]would have been 12 months' imprisonment, if not more. The judge reduced that to 8[15]months for each of the appellants in light of their guilty pleas.[16]took insufficient account of the appellants' mitigation. On behalf of Mrs Buckle, it was also contended that the sentence for the offence of perverting the course of justice ought to have been concurrent rather than consecutive and that her sentence should have been suspended.[17]justice. The guidelines state that:
"Consecutive sentences will ordinarily be appropriate where: (a) offences arise out of unrelated facts or incidents. Examples include: ... an attempt to pervert the course of justice in respect of another offence also charged."

However, it remained appropriate to consider the principle of totality, which is in the following

[18]terms:
"... all courts, when sentencing for more than a single offence, should pass a total sentence which reflects all the offending behaviour before it and is just and proportionate. This is so whether the sentences are structured as concurrent or consecutive."
[19]course of justice and replacing them with sentences of 22 months and 4 months'[20]imprisonment respectively.[21]WLR 1102. Epiq Europe Ltd hereby certify that the above is an accurate and complete record of the proceedings or part thereof. Lower Ground, 18-22 Furnival Street, London EC4A 1JS Tel No: 020 7404 1400 Email: rcj@epiqglobal.co.uk