The court considered how to sentence for an assault when the effect was disproportionate to the violence used: ‘A blow sufficient to fracture an egg-shell skull is very much less culpable than one which fractures a normal skull. An unlucky punch in the course of a spontaneous fight is very different from a wholly unprovoked blow to an innocent bystander’.
[1996] 2 Cr App R (S) 250
England and Wales
Cited by:
Cited – Appleby, Regina v (Attorney-General’s Reference (No 60 of 2009) CACD 18-Dec-2009
applebyCACD2009
Each defendant had been convicted of an assault resulting in a death, but where no weapon had been used and where but for the death the charge would have been assault occasioning actual bodily harm.
Held: The decision in Furby, while still . .
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Updated: 26 March 2021; Ref: scu.384382