Court of Appeal dismisses appeal against the severity of a sentence of five years with the final one year suspended imposed for a serious assault which was committed with the help of the appellant’s brother, on the grounds that, given the lengthy list of previous convictions, including convictions for violent assaults, the sentence was not unreasonable and was within the range appropriate for this type of offence and within the discretion of the sentencing judge.
Criminal law – sentencing – assault contrary to s. 3 of the Non Fatal Offences Against the Person Act 1997 – appeal of term of imprisonment of five years with the final one year suspended – whether the sentencing judge imposed a sentence that was perverse having regard to the respective levels of involvement as between the appellant and his co-accused – whether the sentencing judge wrongly used the sentencing of the appellant to make a statement about his perception of an increase in assaults in the town where this assault occurred – s. 29 of the Criminal Justice Act 1999 – whether the sentencing judge was wrong to impose the maximum sentence available under the law in circumstances where the appellant had entered an early plea of guilty and in light of the other mitigating factors – imposition of a five year sentence with the final twelve months suspended for this assault, given the lengthy list of previous convictions, including convictions for violent assaults, was not unreasonable and was within the range appropriate for this type of offence and within the discretion of the sentencing judge – appeal dismissed.