Court of Appeal, Criminal Division

Published July 13, 2009

Regina v Lucien

Where a judge did not accept the basis of a defendant’s plea of guilty, he was obliged to inform the defendant of that fact before proceeding to sentence.

The Court of Appeal, Criminal Division (Lord Justice Moore-Bick, Mrs Justice Rafferty and Judge Lorraine-Smith) so held on June 15, 2009, when reducing to 53 months the total 59-month sentence imposed on Darren Lucien by Judge Madge at Harrow Crown Court on October 22, 2008, in respect of one offence of kidnapping, one of robbery and one of unlawful wounding.

JUDGE LORRAINE-SMITH, delivering the judgment of the court, said that in respect of the kidnapping and robbery, the defendant entered guilty pleas on the basis that he did not pre-plan or organise the offences, which were carried out by him together with his co-defendant, and was not aware that the co-defendant had a knife.

The sentencing judge did not inform the defendant that he did not accept his basis of plea until he had begun to sentence him.

However, the judge should have made it clear before proceeding to sentence that he did not accept the basis of plea, so that the defendant could decide how to proceed, for example, to make submissions or to call evidence on the matter.

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