Source: All England Reporter
Publisher Citation: [2006] All ER (D) 257 (Feb)
Court: Court of Appeal, Criminal Division
Judge:

Thomas LJ, Newman and Royce JJ
Representation Lee Bremridge (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 20 February 2006

Catchwords

Sentence - Custodial sentence - Seriousness of offence - Cruelty to a person under 16 years old - Defendant accidentally inflicting head injuries on baby daughter - Offence consisting of defendant's concealment from paramedics and medical staff treating her of how daughter came to be injured - Plea of guilty - Whether sentence manifestly excessive.

The Case

A sentence of nine months' imprisonment was too long for an offence of cruelty to a person under 16 years old, in which the defendant had concealed the truth of how his baby daughter had come to sustain head injuries from the paramedics and medical staff treating her. He had pleaded guilty, and he had one relevant previous conviction, for common assault. Although only a custodial sentence was appropriate, the sentence was too long, considering the basis of the defendant's plea. The sentence of nine months' imprisonment would be quashed and substituted with one of three months' imprisonment.

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