Source: All England Reporter
Publisher Citation: [2008] All ER (D) 114 (Jul)
Neutral Citation: [2008] EWCA Crim 1164
Court: Court of Appeal, Criminal Division
Judge:

Aikens and Swift JJ
Representation Oliver Saxby (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 2 May 2008

Catchwords

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.

The Case

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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