Source: All England Reporter
Publisher Citation: [2005] All ER (D) 17 (Aug)
Court: Court of Appeal, Criminal Division
Judge:

Latham LJ, Gibbs J and the Common Serjeant
Representation Sean Brunton (instructed by John Boyle & Co) for the offender.
  Mark Heywood (instructed by the Treasury Solicitor) for the Attorney General.
Judgment Dates: 3 August 2005

Catchwords

Sentence - Imprisonment - Length of sentence - Causing grievous bodily harm with intent - Whether sentence unduly lenient.

The Case

In the circumstances of the instant case, where the offender had attacked the victim with an iron bar, causing severe injuries, the sentence of three years' imprisonment following a late guilty plea was unduly lenient. The assault had been a persistent and frenzied attack, which had been wholly unprovoked by the victim. An offence of the kind in the instant case could expect to carry a sentence in the region of six years' imprisonment. Allowing for double jeopardy and the offender's mitigation, the justice of the case would be reflected by the substitution of a sentence of five years' imprisonment.

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