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Court of Appeal quashes three sentences imposed for assault causing harm in unrelated cases, finding that all three sentences were unduly lenient and represented a significant departures from a sentence that should have been imposed, on the grounds that each of the cases had to be regarded as falling at the upper end of the scale of gravity given the circumstances, and there had therefore been an error in each in identifying the headline sentence.
Judgment dealing with three unrelated cases, in each of which DPP had brought applications for review of sentence for undue leniency
Offence: assault causing harm contrary to s. 3 of the Non-Fatal Offences Against the Person Act 1997 (in all three cases)
Original sentences:
DPP v. McGrath: two and a half years with the last 12 months suspended
DPP v. Dolan: two years with 18 months suspended
DPP v. Brazil: two years (with concurrent sentence of 18 months in respect of an offence of threatening to kill)
Appeals by: prosecution (statutory application made in each case)
Outcomes: all three sentences and new sentences imposed as follows:
DPP v. McGrath: four years with final six months suspended
DPP v. Dolan: three and a half years, to be suspended on terms
DPP v. Brazil: three years
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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