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Court of Appeal dismisses appeal against the severity of sentence of 10 years’ imprisonment with the final two years suspended, imposed for the brutal assault of the injured party which involved breaking into his dwelling at night, on the grounds that the headline sentence of 12 years was not out of kilter with other comparable offences, and sufficient discount was made for mitigation.
Criminal law – sentencing – appeal against the severity of 10 years’ imprisonment with the final two years suspended – assault causing harm, burglary, threatening to kill and threatening to damage property – s.3 of the Non-Fatal Offences Against the Person Act 1997 – s. 12(1)(b) of the Criminal Justice (Theft & Fraud Offences) Act 2001 – s.5 of the Non-Fatal Offences Against the Person Act 1997 – s.3 of the Criminal Damage Act 1991 – whether the sentence was excessive – whether the headline sentence of 12 years was out of kilter – sentencing judge’s starting point of ten years cannot legitimately be criticised – whether there was insufficient discount for mitigation – appeal dismissed.
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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