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The Court of Appeal has set aside a fully suspended sentence for a brutal and unprovoked assault on a woman, imposing a new sentence of 3 years with the final 12 months suspended. The original court had wholly suspended a 3-year sentence for the defendant, a former member of the defence forces, who had no prior convictions and had expressed remorse. The Court of Appeal found that the sentencing judge gave excessive weight to mitigating factors and insufficient weight to general deterrence, resulting in a substantial departure from the appropriate sentence.
assault causing harm, undue leniency, suspended sentence, Court of Appeal, Director of Public Prosecutions, victim impact statement, general deterrence, mitigation, remorse, defence forces, compensation, Criminal Justice Act 1993, Non-Fatal Offences Against the Person Act 1997, People (DPP) v Lyons, People (DPP) v Faulkner, proportionate sentence, re-sentence.
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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