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Court of Appeal dismisses appeal against severity of sentence where there was no error of principle, finding, inter alia, that: (a) the sentence was based on the injuries inflicted and not those suspected at the time the injured party was taken to hospital; (b) in suspending 18 months of the sentence, the sentencing judge took account of the mitigating factors and sought to incentivise rehabilitation; and (c) temporary release is a matter within the power of the executive and is not a relevant consideration for a sentencing judge.
Offences: one count of assault causing harm contrary to s. 3 of the Non-Fatal Offences Against the Person Act 1997, one count of theft contrary to s. 4 of the Criminal Justice (Theft and Fraud Offences) Act 2001 and one count of criminal damage contrary to s. 2(1) of the Criminal Damage Act 1991
Original sentence: 4 years with 18 months suspended
Appeal by: defence
Outcome: appeal dismissed
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