Source: All England Reporter
Publisher Citation: [2008] All ER (D) 153 (May)
Court: Court of Appeal, Criminal Division
Judge:

Hughes LJ, Treacy J and Sir Peter Cresswell
Representation Arthur Gibson (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 13 May 2008

Catchwords

Sentence - Imprisonment - Length of sentence - Burglary - Assault occasioning actual bodily harm - Four years' imprisonment - Whether sentence manifestly excessive.

The Case

The defendant's appeal against a sentence of four years' imprisonment, namely 32 months' imprisonment for burglary and 16 months' imprisonment, to run consecutively, for assault occasioning actual bodily harm, would be allowed. The instant offences could not have attracted a sentence of six years' imprisonment after a trial and the overall sentence was too long. In all the circumstances, the appropriate starting point for the combined offences was four-and-a-half years after a trial, with the conventional reduction in recognition of the guilty plea. Accordingly, the sentence of 4 years' imprisonment would be quashed and substituted by a sentence of 3 years' imprisonment, namely 2 years' for burglary and 12 months' imprisonment, to run consecutively, for the assault.

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