The defendant appealed against his sentence of 20 months for inflicting grievous bodily harm. The victim had picked up a certified enforcement officer to carry him out of his house and had dropped him outside, causing him to break his collar bone.
Held: The recorder had erred when reasoning that the case before him fell into the category of offences described in the consultative document as pre-meditated assaults or spontaneous assaults where a weapon has been carried or used. This led him to begin with too high a starting point and thus into imposing too high a sentence. Though aggravtaed by the fact that the victim was acting on a public duty, the sentence was revised to 12 months.
Judges:
Hooper LJ, Blake, Plender JJ
Citations:
[2008] EWCA Crim 528, [2008] 2 Cr App R (S) 113, [2008] 2 Cr App Rep (S) 113
Links:
Statutes:
Offences against the Person Act 1861 20
Jurisdiction:
England and Wales
Criminal Sentencing
Updated: 08 July 2022; Ref: scu.377735
