Source: All England Reporter
Publisher Citation: [2006] All ER (D) 251 (Apr)
Court: Court of Appeal, Criminal Division
Judge:

Sir Igor Judge P, Henriques and Fulford JJ

Representation Isabelle McCarroll (instructed by Goodall Barnett James) for the offender.
  Mark Ellison (instructed by the Treasury Solicitor) for the Attorney General.
Judgment Dates: 27 April 2006

Catchwords

Sentence - Custodial sentence - Seriousness of offence - Causing grievous bodily harm with intent - Offender assaulting man on train - Whether sentence unduly lenient.

The Case

In the instant case, where the offender pleaded guilty to causing grievous bodily harm with intent, having punched and kicked a fellow train passenger who had tried to intervene to stop his aggressive and unpleasant behaviour, a sentence of two years' imprisonment was unduly lenient. Taking into account all the circumstances, including the offender's guilty plea, a sentence of lower than five years' imprisonment at first instance was inappropriate.

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