The Court of Appeal upheld the maximum sentence for a serious assault causing harm but found error in the imposition of consecutive sentences for closely connected offences. The appellants, two brothers, had engaged in a spree of violent and destructive behaviour, including theft, property damage, and assaults, one of which resulted in a traumatic brain injury to the victim. The original court had sentenced each appellant to 12 years imprisonment, with the final two years suspended. On appeal, the Court agreed that the assault on the second victim warranted the maximum sentence due to its severity. However, the Court found that consecutive sentences for each offence were not appropriate, as some offences were part of the same criminal transaction. The Court adjusted the headline sentence for the arson offence and re-sentenced the appellants, taking into account the totality principle and the need for proportionality.
Court of Appeal, assault causing harm, arson, consecutive sentences, headline sentence, Criminal Damage Act 1991, Non-Fatal Offences against the Person Act 1997, Road Traffic Act 1961, maximum sentence, mitigation, rehabilitation, guilty plea, proportionality, totality principle, Criminal Justice Act 1999, s. 29, s. 3 assault, s. 4 assault, traumatic brain injury, psychological trauma, consecutive sentencing, error in principle.