Source: All England Reporter
Publisher Citation: [2006] All ER (D) 404 (Feb)
Court: Court of Appeal, Criminal Division
Judge:

Dyson LJ, Grigson J and Sir Douglas Brown

Representation Stephen Vullo (assigned by the Registrar of Criminal Appeals) for the first defendant.
  Stephen Requena (assigned by the Registrar of Criminal Appeals) for the second defendant.
  John Evans (assigned by the Registrar of Criminal Appeals) for the third defendant.
  Patricia May and Michael Maher (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 28 February 2006

Catchwords

Sentence - Custodial sentence - Seriousness of offence - Cruelty to a child - Defendants believing that child possessed by spirits - Whether sentence manifestly excessive.

The Case

A sentence of four years for an offence of aiding and abetting cruelty to a child was manifestly excessive, when the defendant had kicked a bleeding child, who had been cut by a co-defendant. In all the circumstances, a sentence of three years would be appropriate. Maximum sentences of ten years were manifestly excessive for offences of cruelty to a child, and aiding and abetting cruelty to a child, when the defendants had inter alia put the complainant in a bag and threatened to throw her away, in the belief that she was possessed by spirits. The latter did little to reduce their culpability, but there were worse cases, involving prolonged cruelty, with lasting physical injury. Sentences of eight years were appropriate.

Practice Areas

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