||All England Reporter
|| All ER (D) 114 (Jul)
|| EWCA Crim 1164
||Court of Appeal, Criminal Division
Aikens and Swift JJ
||Oliver Saxby (assigned by the Registrar of Criminal Appeals) for the defendant.
||2 May 2008
Sentence - Imprisonment - Length of sentence - Defendant pleading guilty to offence of assault occasioning actual bodily harm - Judge imposing sentence of six months' imprisonment - Whether sentence manifestly excessive.
Sentence Imprisonment. Where the defendant had been sentenced to six months' imprisonment having pleaded guilty to an offence of assault occasioning actual bodily harm, it was held that, while the judge had been right to conclude that the custody threshold had been passed, having regard to the circumstances of the offence, the remorse shown by the defendant and her personal circumstances, it had not been necessary to impose an immediate custodial sentence. Accordingly, the sentence of six months' imprisonment was suspended for 12 months, with a requirement that the defendant was to perform 100 hours of unpaid work during that period.
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