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Court of Appeal dismisses appeal against severity of sentence imposed for assault causing harm, on the grounds that: (a) given the seriousness of the injuries, the location of the offence, the ferocious and lengthy nature of the assault and the aggravating factor of the offence being committed on bail, the sentencing judge made no error in placing the offence at the high end of the scale in terms of the headline sentence; and (b) the judge structured the sentence along with a sentence for a different offence imposed on the same day so as to take into account the totality principle, and took a view on the extent of the mitigating factors, imposing a sentence within the margin of her discretion.
Offence: assault causing harm contrary to s. 3 of the Non-Fatal Offences Against the Person Act 1997
Original sentence: four years, with final year suspended, made consecutive to a sentence of nine months for a burglary conviction imposed on the same day
Appeal by: defence, to the s. 3 sentence only, on grounds that headline sentence should not have been at the high end and that trial judge had failed to attach sufficient weight to significant mitigating factors
Outcome: appeal dismissed
Grounds: (a) the offence was quite correctly placed at a headline sentence of five years; and (b) the sentencing judge structured the two sentences so as to take into account the totality principle and took a view on the extent of the mitigating factors, imposing a sentence within the margin of her discretion
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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