A 32-year-old woman from Walsall sobbed uncontrollably in court as she insisted she is not dangerous and does not deserve a long prison sentence. Romain Smith was due to be sentenced for three offences at Wolverhampton Crown Court, but the hearing was adjourned after issues arose concerning the type of sentence to be imposed.
Recorder Rachel Cooper informed prosecution and defence counsel that she needed to hear submissions on whether Smith is a dangerous offender and could be subject to an extended sentence. Extended sentences provide extra protection to the public, comprising a custodial term plus an extended period on licence.
Smith, of Cheshire Road, Bentley, Walsall, had pleaded guilty to robbery, possession of a sharply pointed article in a public place, and criminal damage, all committed on December 28 last year. The court heard that Smith has a robbery conviction dating back to 2009 and is said to pose a very high risk of serious harm to the public. This will be her ninth conviction for having a knife in a public place.
Recorder Cooper noted that Smith was subject to a serious violence reduction order which expired about four weeks before she committed her latest crimes. As counsel discussed whether the sentence needed to be postponed, Smith said over video link from HMP Foston Hall: "I'm ready to deal with it today. I just want it to be over and done with."
John Brotherton, defending, requested a short adjournment to discuss the position with the defendant, and Smith's video link was temporarily terminated. Minutes later, she re-joined, sobbing and saying: "I don't deserve that long. F*** that. F*** the judge. I don't deserve that much." She continued to cry and maintain: "I don't deserve that long at all."
When Recorder Cooper returned, Brotherton explained that Smith was now extremely tearful and upset. He asked for a two-week adjournment to prepare an opposition to an extended sentence. However, the earliest available date for sentencing was July 15, two months away. Smith then said: "I want this over and done with. So let's get it on today."
Recorder Cooper told Smith she appreciated the defendant wanted to know her fate but said the court needed to consider whether she was a dangerous offender. Smith responded: "Yeah, you want to give me seven odd years. Are you mad?" She continued to plead for her case to be over and done with, adding: "I'm not dangerous."
Recorder Cooper told Smith that any term of imprisonment would likely mean she would remain in jail for at least two months in any event, adding: "I appreciate this is frustrating." Smith continued to cry as she insisted: "I'm not a dangerous person." The defendant was remanded in custody.
According to the Sentencing Council, extended sentences are imposed in certain cases where the court finds the offender is dangerous and an extended licence period is required to protect the public from risk of serious harm. The judge decides the custodial term and fixes the extended licence period up to a maximum of eight years. Two-thirds of the way through the custodial term, the offender can apply for parole; if refused, they can apply again after two years. If not released before, the offender is automatically released at the end of the custodial term. Following release, they will be subject to licence supervision until the expiry of the extended period. The combined total of the custodial term and extension period cannot exceed the maximum sentence for the offence committed.
