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Application of Probation Act was unduly lenient in assault case
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Court of Appeal accedes to DPP's statutory application to have unduly lenient sentence for assault causing harm varied, on the grounds that the sentencing judge erred in principle where the case was not, on its facts, appropriate for the application of the Probation of Offenders Act 1907, and the sentence was therefore a substantial departure from the appropriate sentence.
Offence: assault causing harm, contrary to s. 3 of the Non-Fatal Offences Against the Person Act 1997
Original sentence: provisions of the Probation of Offenders Act 1907
Appeal by: prosecution, on grounds of undue leniency
Outcome: 18 months' imprisonment, suspended in full on condition of good behaviour for a period of two years
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