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Court of Appeal allows appeal against the severity of eight years' imprisonment imposed for assault arising from a head butt that left the victim hospitalised, and reduces the sentence to five years with the final twelve months suspended, on the grounds that the sentencing judge had placed the offence at too high a point on the scale and it was unclear to what degree the judge took the appellant's apology in court and the racial motivation of the attack into account when sentencing.
Criminal law – sentencing – appeal against the severity of eight years' imprisonment imposed for assault – victim was head butted by the appellant and his head hit the ground heavily as he fell – whether the judge erred when sentencing in seeing the offence at issue as being in the upper mid range – judge placed the offence at too high a point on the scale – error in principle identified – sentence of five years with the final twelve months suspended – appeal dismissed
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