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Part suspension of sentence was appropriate reflection of mitigating factors
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Court of Appeal dismisses appeal against severity of sentence, on the grounds that the sentencing judge did not err in principle in reflecting mitigation solely by means of suspending 18 months of the headline sentence as the risk associated with structuring the appellant’s sentence to incentivise rehabilitation by means of part suspension was clearly one that could justifiably be taken in the circumstances of the case.
Offences: causing serious harm and assault causing harm, contrary to ss. 3 and 4 of the Non-Fatal Offences Against the Person Act 1997 and possession of cocaine for the purpose of sale or supply contrary to s. 15 of the Misuse of Drugs Act 1977
Original sentence: ten years with 18 months suspended (s. 4 offence), three and a half years (s. 3 offence) and 12 months (s. 15 offence) (all sentences to be served concurrently)
Appeal by: defence
Outcome: appeal dismissed
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