||All England Reporter
|| All ER (D) 133 (Aug)
||Court of Appeal, Criminal Division
Gage LJ, Treacy and Ramsey JJ
||Joseph Lewis (assigned by the Registrar of Criminal Appeals) for the defendant.
||22 August 2007
Sentence - Imprisonment - Length of sentence - Unlawful wounding - Defendant striking victim on the head with baseball bat - Defendant sentenced to nine months' imprisonment - Whether sentence manifestly excessive.
Sentence Imprisonment. The defendant's appeal against a sentence of nine months' imprisonment following conviction for unlawful wounding, would be dismissed. In the instant case, the judge had been entitled to come to his conclusion and he had plainly made full allowance for the fact that the defendant had not started the aggressive behaviour but had reacted to the victim's aggression. Moreover, a substantial weapon had been used unlawfully and unreasonably on the victim, which had caused him injury. In those circumstances, a custodial sentence had been justified and a sentence of nine months' imprisonment, after a trial, was not manifestly excessive.
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