Success in Court of Appeal for Tom Farr

January 16, 2025

Tom Farr representing ‘W’, instructed by Catherine Green of Tranters Solicitors, was successful in the Court of Appeal on 15 January 2025. Tom had appealed against sentence with leave of the Single Judge on the grounds that the sentence imposed upon W – comprised of an immediate custodial sentence of 10 months, a fine of £350, and a costs order of £1630 – was manifestly excessive and wrong in principle.

Tom argued that the sentencing judge had erred in not applying a reduction in sentence for guilty plea in respect of the fines imposed, and that the costs order was “grossly disproportionate” given W’s means and the level of fines.

In respect of the fines imposed, Tom relied upon the case of Smith (Gary Kevin) [2020] EWCA Crim 466, and submitted that where multiple offences are being sentenced on the same occasion clarity requires that the proper reduction is made in respect of each sentence, rather than the sentences being totalled and reduction applied to the total, even if arithmetically this would produce the same final sentence. The sentencing judge had not followed this guidance.

In respect of the costs order, Tom relied upon the case of Northallerton Magistrates’ Court, ex parte Dove [2000] 1 Cr App R (S) 136, in which it was held that: “costs ordered should not in the ordinary way be grossly disproportionate to any fine imposed. Where the fine and the costs exceeded the sum which D could reasonably be ordered to pay, the costs should be reduced, rather than the fine”. It was submitted that the costs order was grossly disproportionate to the fines imposed, and also did not take account of W’s means.

The Court of Appeal agreed with these submissions, acknowledging that the sentencing judge had erred in not applying a reduction for guilty plea to each individual offence, and that the costs order was grossly disproportionate, and allowed the appeal on two of three grounds. The Court substituted the sentences imposed accordingly, ensuring a just and proportionate outcome for W.

Tom accepts instructions in all areas of criminal law, but has a particular interest in cases involving novel or complex points of law. To instruct him, please contact his clerks here.