Court of Appeal allows appeal of unduly lenient sentence imposed for savage attack perpetrated on a vulnerable man in his own home, and substitutes a term of five years’ imprisonment with the final two years suspended, finding that the sentence imposed by the sentencing judge represented a substantial departure from the norm.
Criminal law – sentencing – appeal of sentence on the grounds it is unduly lenient – assault causing harm contrary to s.3 of the Non Fatal Offences Against the Person Act, 1997; violent disorder, contrary to s.15 of the Criminal Justice (Public Order) Act 1994 and burglary, contrary to s. 12 of the Criminal Justice (Theft and Fraud Offences) Act 2001 – whether the sentencing judge erred in law in failing to attach appropriate weight to the aggravating circumstances – undue leniency – s. 2 of the Criminal Justice Act 1993 – offending behaviour in this case was a gross violation of both the home, and the person, of a vulnerable man – sentence imposed by the sentencing judge represented a substantial departure from the norm – term of five years’ imprisonment with the final two years suspended substituted – appeal allowed.