| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 237 (Jan) |
| Neutral Citation: | [2004] EWCA Crim 2762 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Mance LJ, Mackay and Fulford JJ |
| Representation | Adrian Reynolds (assigned by the Registrar of Criminal Appeals) for W. |
| Nirmal Shant (assigned by the Registrar of Criminal Appeals) for M and G. | |
| Michael Auty (instructed by the Crown Prosecution Service) for the prosecution. | |
| Judgment Dates: | 18 October 2004 |
Catchwords
Sentencing - Racially aggravated assault occasioning actual bodily harm - Custodial sentence - Guilty plea - Duration of sentence manifestly excessive.
The Case
On a charge of racially aggravated assault occasioning actual bodily harm, given the defendants' guilty pleas, it was wrong in principle for the judge to have imposed the maximum period of two years' imprisonment on each defendant for the racially aggravating circumstances.
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