{"id":653121,"date":"2026-04-23T00:12:48","date_gmt":"2026-04-22T22:12:48","guid":{"rendered":"https:\/\/kohenavocats.com\/jurisprudences\/r-v-david-musins\/"},"modified":"2026-04-23T00:12:48","modified_gmt":"2026-04-22T22:12:48","slug":"r-v-david-musins","status":"publish","type":"kji_decision","link":"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/r-v-david-musins\/","title":{"rendered":"R v David Musins"},"content":{"rendered":"
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LORD JUSTICE WILLIAM DAVIS: 1 David Musins is now aged 36. Prior to the offending with which we are concerned, he had no convictions. On 14 March 2022 in the Central Criminal Court he\u00a0pleaded guilty to\u00a0membership of\u00a0a\u00a0proscribed organisation contrary to\u00a0section\u00a011 of\u00a0the Terrorism Act 2000. On 27\u00a0May\u00a02022 at the same court he\u00a0was made the subject of\u00a0a\u00a0special custodial sentence for an\u00a0offender of\u00a0particular concern. The custodial term was 3\u00a0years, with a\u00a0further licence period of\u00a01\u00a0year. There were ancillary orders made, with which we are not concerned. 2 He\u00a0renews his application for leave to appeal against sentence after refusal by\u00a0the single judge. 3 He has been represented today, as\u00a0he\u00a0was represented below, by\u00a0Miss\u00a0Bald, who appears before us pro bono. We are extremely grateful to\u00a0her for the forceful and cogent fashion in which she has put her arguments. She is to\u00a0be\u00a0highly commended for the effort she has put into this case. No-one could have done or said more to assist the applicant and the court. Mr\u00a0Williams appeared on behalf of\u00a0the respondent, having put in written submissions. 4 The applicant was a\u00a0member of\u00a0a\u00a0proscribed organisation to\u00a0which we shall refer as "NS131". The period of membership was between 17\u00a0December\u00a02016 and the end of\u00a0August\u00a02017. In 2013\u00a0a\u00a0neo-Nazi group called National Action had been set up. It developed an\u00a0active online presence. It engaged in public demonstrations and used encrypted messaging to\u00a0communicate. That was proscribed in\u00a0December\u00a02016. After proscription, a\u00a0group calling itself NS131 emerged. In reality, it\u00a0was simply a\u00a0continuation of National Action. It posted promotional footage on YouTube. It promoted national socialism through street art and graffiti and banners in various parts of\u00a0the country. 5 The membership of\u00a0MS131 was very similar to\u00a0that of\u00a0National Action in terms of the people involved. The evidence before the court indicated that the applicant had at some point early in 2016 joined some form of\u00a0Neo-Nazi web forum. He,\u00a0thereafter, had attended a\u00a0National Action meeting. He had gone to\u00a0a\u00a0camp run by\u00a0National Action, the camp's purpose being to\u00a0teach people to\u00a0fight. He\u00a0was on a\u00a0list of\u00a0members of National Action dating from\u00a0April\u00a02016. He\u00a0attended a\u00a0National Action march in the North East in\u00a0October\u00a02016. As\u00a0we have indicated, that organisation was then proscribed. Plainly, the applicant would have understood why. Thereafter, he\u00a0continued his activity, now with NS131. He\u00a0attended a\u00a0number of\u00a0what were called graffiti and training events, principally with the same group of\u00a0people with whom he had already been involved. In\u00a0January\u00a02017 he\u00a0went to\u00a0a\u00a0meeting at a\u00a0public house in Swindon. On 26\u00a0February\u00a02017 there was an\u00a0event in a\u00a0community centre in Swindon which he\u00a0attended. On 27\u00a0May\u00a02017 he\u00a0went to\u00a0an\u00a0outdoor survival event. In due course, pictures emerged with the applicant taking part in martial arts and combat training. He went to a\u00a0graffiti event in July 2017 in Swindon. About that time a\u00a0video was filmed in which the applicant appeared. That was posted on 17\u00a0July\u00a02017. The last event that he\u00a0could be identified as\u00a0attending was in\u00a0August\u00a02017 in Swindon. There was a\u00a0photograph in which he\u00a0appeared with others giving a\u00a0Hitler salute, together with a NS131 banner. 6 By\u00a0the end of\u00a0August\u00a02017 the applicant was no longer involved in NS131. He\u00a0was only properly identified by\u00a0the police in\u00a0March\u00a02021 during the trial of\u00a0another man who had been involved in the organisation. Between 2017 and 2021 the applicant had given up any association with Neo-Nazi organisations. He had resiled from the beliefs\u00a0he\u00a0had expressed and he had become a\u00a0working man in a\u00a0respectable job. By the time of\u00a0his arrest in November 2021 he had a\u00a0partner. He\u00a0made no comment when interviewed. On his arrest he\u00a0still was found to have some of\u00a0the clothing that he had been seen wearing in photographs and videos. 7 The judge in sentencing, set out the course of\u00a0conduct in which the applicant had engaged as we have already rehearsed. Having done so, he\u00a0described the applicant as\u00a0being fully immersed in the ideology of\u00a0the group. He worked to\u00a0expand its reach. The judge referred to\u00a0the Pre-sentence Report in which the applicant had explained that he\u00a0had gone into far right politics because he\u00a0had not found an\u00a0identity elsewhere. The judge did not understand from that why it\u00a0was that the applicant chose to\u00a0retreat into a\u00a0neo-Nazi organisation. However, he\u00a0referred to\u00a0the letter that the applicant had written, a\u00a0letter which we have seen and which the judge described as\u00a0well written. We would describe it as\u00a0exceptionally well written. It referred to\u00a0the applicant having become racist in a separatist sense as a\u00a0defensive response to\u00a0external threats to\u00a0people of\u00a0his white British ethnicity and cultural background. The judge concluded that the beliefs which the applicant then held could very easily have led to\u00a0racial conflict, which is why the courts took the\u00a0offence so seriously. 8 The judge turned to the Sentencing Council definitive guideline. This case fell to\u00a0be\u00a0sentenced under the guideline that was relevant prior to\u00a0the increase in sentence for these offences. The original guideline applied without any adjustment. It\u00a0was clear that this applicant fell into culpability B, namely an\u00a0active but not prominent member of\u00a0the organisation. That provided a\u00a0starting point of\u00a0five years. The judge concluded that the applicant was: "[…] a\u00a0very active member of\u00a0the group, someone who in terms of age other potential members would have looked up to." It\u00a0is the fact that, in general, membership of\u00a0the organisation consisted of\u00a0people rather younger than the applicant. 9 The judge also found that the applicant had sought by\u00a0his actions to\u00a0expand the reach of\u00a0the organisation. For those reasons, he\u00a0said that the offending should be marked by\u00a0a\u00a0starting point of\u00a06\u00a0years rather than 5. 10 The judge took into account apparent lack of\u00a0maturity on the part of\u00a0the applicant. The judge considered mitigation. He\u00a0observed that the applicant had no previous convictions, but, as\u00a0the judge rightly noted, that is a\u00a0factor that applies to\u00a0very many people charged with this sort of\u00a0offending. He\u00a0also noted the delay prior to\u00a0arrest because the material implicating the applicant only became available at a\u00a0late stage. The much more significant feature was the fact that the applicant had stopped associating with the group long before his arrest. He\u00a0had held a\u00a0responsible job as an\u00a0operations manager for four years. He\u00a0had ended the contact with any form of\u00a0neo-Nazi organisation voluntarily. He had changed his perspective. He had taken steps since his arrest to get help from a\u00a0therapist. The judge concluded the applicant genuinely understood how wrong it\u00a0was to have involved himself with the neo-Nazi organisation that he\u00a0had. He\u00a0described this as\u00a0strong mitigation. 11 He\u00a0also noted the domestic life of\u00a0the applicant and the fact that his family was supportive, as\u00a0indeed, was the management of\u00a0the company for which he\u00a0worked. The judge said this: "That you left the group voluntarily is particularly significant, but it cannot expunge your earlier behaviour which was so abhorrent." 12 The judge then applied a\u00a025\u00a0per\u00a0cent reduction to\u00a0take account of\u00a0all of\u00a0that mitigation. The sentence that then resulted of\u00a0four and a\u00a0half years was discounted by\u00a0one third because the plea of\u00a0guilty had been indicated at\u00a0the earliest opportunity. So it\u00a0was that the judge reached a\u00a0custodial term of\u00a0three years. 13 The first argument put on behalf of\u00a0the applicant is that the starting point should not have been raised beyond five years. There was nothing to\u00a0suggest that this applicant was more culpable than any other ordinary member of\u00a0the organisation. 14 The grounds invite four conclusions. There was no evidence that other members of\u00a0the organisation looked up to\u00a0the applicant because of\u00a0his age. Expanding the reach of\u00a0the organisation, however it might be done, was simply part of\u00a0being an\u00a0active member. There was nothing unusual about the applicant's activity. The\u00a0number and type of\u00a0events he\u00a0attended was in itself not exceptional. The fact that the applicant had extreme views which might lead to\u00a0racial conflict was inherent in the offence. Thus, none of\u00a0those matters justified any uplift from the starting point. Orally, today Miss\u00a0Bald has argued that there is a\u00a0very clear and significant distinction between the lowest level of\u00a0culpability identified in the guideline, which gives a\u00a0starting point of\u00a0two years, as\u00a0opposed to\u00a0the culpability level appropriate for this applicant, which gives a\u00a0starting point of\u00a0five years. She argues that the this starting point should capture all but the very unusual offender within that category of\u00a0culpability. 15 She further argued that the uplift applied to\u00a0the applicant was at odds with sentences imposed on other members of\u00a0the organisation. She referred, in particular, to\u00a0a\u00a0man who had been sentenced to\u00a0a\u00a0custodial term of\u00a0five and a\u00a0half years after a\u00a0trial. That man was a\u00a0regional organiser who organised the kind of\u00a0camps which the applicant attended. Thus, it\u00a0is argued, the judge went wrong in setting a starting point after trial of 6 years. 16 We do not accept that the judge was not entitled to\u00a0take into account the factors he\u00a0identified. We further consider that having done so, he\u00a0was entitled to\u00a0elevate that sentence after trial but before mitigation beyond the starting point. He\u00a0was entitled to\u00a0draw an\u00a0inference about the effect of\u00a0the applicant's age. He\u00a0had evidence that at\u00a0the relevant time the membership of the organisation was generally much younger than the applicant. He\u00a0knew what sort of\u00a0man the applicant was from the letter he\u00a0himself had written and what his employer had said. Whatever might be said about this man's maturity, he\u00a0was clearly intelligent and he\u00a0was aged\u00a0around 30\u00a0at\u00a0the relevant time. 17 The judge was entitled to say that, although publicizing the organisation was likely to\u00a0be\u00a0what any active member would do, the applicant was one of\u00a0a\u00a0small number who had engaged in street art and graffiti, as well as participating in a\u00a0video. Others attended a\u00a0number of\u00a0events and meetings, but the applicant on the evidence attended what appeared to\u00a0be\u00a0a\u00a0significant number of\u00a0the organisation's events in different parts of\u00a0the country. 18 Finally, the applicant's views at the time of\u00a0his membership were specific and extreme. The judge concluded, as\u00a0do we, that a\u00a0person may be a\u00a0member of\u00a0a\u00a0neo-Nazi group without holding such views to\u00a0quite the same degree. 19 When considering the case, the single judge concluded that the sentence imposed on others is of\u00a0very limited value. In writing, no disparity in the strict sense was asserted. In her oral submissions, Miss\u00a0Bald used the expression that right thinking members of the public would think that something had gone wrong, which is to\u00a0assert disparity. We consider that there is quite insufficient for us to\u00a0come to\u00a0that conclusion. The sentences on others were fact specific in their cases. One of\u00a0the sentences was actually imposed by\u00a0the same judge who imposed this sentence. We cannot reach any conclusion favourable to\u00a0the applicant simply by\u00a0looking at other sentences that were imposed. 20 The second ground which formed a\u00a0substantial part of\u00a0the oral submissions today was that the applicant's change of\u00a0mindset between 2017 and the date of\u00a0sentence was profound and provided exceptional mitigation. He\u00a0was certainly not the same man as\u00a0the one who had been the member of\u00a0NS131. It\u00a0is argued that his change of\u00a0mindset, certainly in the context of\u00a0NS131, was unique. Miss\u00a0Bald pointed to\u00a0the fact that on any view it\u00a0is likely to\u00a0be\u00a0unusual, and it\u00a0is important, therefore, to\u00a0incentivise people to\u00a0change their outlook and behaviour, as\u00a0this man did, quite voluntarily. 21 The judge, principally on the basis of\u00a0the change of\u00a0mindset, reduced the sentence that he\u00a0otherwise would have imposed by\u00a025 per cent. The submission before us today is that that should have been more in the region of\u00a050 per cent. We observe that one of\u00a0the mitigating factors in the guideline is "[\u2026] clear evidence of\u00a0a\u00a0change of\u00a0mindset prior to\u00a0arrest." The fact that it\u00a0is a\u00a0mitigating factor within the guideline demonstrates that it\u00a0is a\u00a0feature of\u00a0this kind of\u00a0case, albeit not one that is found very regularly. The reduction in sentence to\u00a0take account of\u00a0any mitigating factor is a\u00a0matter of\u00a0judgment in each individual case. For us to\u00a0depart from the judge's assessment of\u00a0the appropriate reduction here, we would have to\u00a0be\u00a0satisfied that the judge went wrong. As\u00a0the single judge observed, the reduction was significant. The reduction that is proposed in submissions to us today is akin to\u00a0the reduction that would be given to\u00a0somebody who had not only resiled from his or her membership of\u00a0and views about an\u00a0organisation of\u00a0this kind, but also who gave active assistance to\u00a0the police in undermining it and leading to\u00a0the arrest of\u00a0those who had been involved. A reduction of 50% will be reserved for that kind of case. That is not to\u00a0underestimate the significance of what this appellant did, but it\u00a0is to\u00a0indicate that significant though the mitigation was, it did not, with great respect to\u00a0Miss\u00a0Bald, fall into that sort of\u00a0category. The judge was sentencing in the context of\u00a0very serious offending where deterrence is an important consideration. 22 This judge has very substantial experience in sentencing this kind of\u00a0case. We cannot say that this judge was wrong when he\u00a0reflected the mitigation by\u00a0a\u00a0reduction of\u00a025 per cent. It may be that other judges would have given a\u00a0slightly greater discount. Equally, other judges would not. This was an exercise of\u00a0judgment exercised which did not amount to an error. 23 It follows from all of\u00a0that, that notwithstanding everything said by\u00a0Miss\u00a0Bald, we must refuse this renewed application. __________<\/p>\n<\/div>\n

\n

Sources officielles :<\/strong> consulter la page source<\/a><\/p>\n

Open Justice Licence (The National Archives).<\/em><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

LORD JUSTICE WILLIAM DAVIS: 1 David Musins is now aged 36. Prior to the offending with which we are concerned, he had no convictions. On 14 March 2022 in the Central Criminal Court he pleaded guilty to membership of a proscribed organisation contrary to section 11 of the Terrorism Act 2000. On 27 May 2022 at the same court he…<\/p>\n","protected":false},"featured_media":0,"template":"","meta":{"_crdt_document":""},"kji_country":[7608],"kji_court":[8238],"kji_chamber":[],"kji_year":[32183],"kji_subject":[7612],"kji_keyword":[7875,7621,16337,8348,8347],"kji_language":[7611],"class_list":["post-653121","kji_decision","type-kji_decision","status-publish","hentry","kji_country-royaume-uni","kji_court-court-of-appeal-criminal-division","kji_year-32183","kji_subject-fiscal","kji_keyword-applicant","kji_keyword-judge","kji_keyword-organisation","kji_keyword-sentence","kji_keyword-years","kji_language-anglais"],"yoast_head":"\nR v David Musins - Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/r-v-david-musins\/\" \/>\n<meta property=\"og:locale\" content=\"zh_CN\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"R v David Musins\" \/>\n<meta property=\"og:description\" content=\"LORD JUSTICE WILLIAM DAVIS: 1 David Musins is now aged 36. Prior to the offending with which we are concerned, he had no convictions. On 14 March 2022 in the Central Criminal Court he pleaded guilty to membership of a proscribed organisation contrary to section 11 of the Terrorism Act 2000. 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Prior to the offending with which we are concerned, he had no convictions. On 14 March 2022 in the Central Criminal Court he pleaded guilty to membership of a proscribed organisation contrary to section 11 of the Terrorism Act 2000. 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