||All England Reporter
|| All ER (D) 251 (Apr)
||Court of Appeal, Criminal Division
Sir Igor Judge P, Henriques and Fulford JJ
||Isabelle McCarroll (instructed by Goodall Barnett James) for the offender.
||Mark Ellison (instructed by the Treasury Solicitor) for the Attorney General.
||27 April 2006
Sentence - Custodial sentence - Seriousness of offence - Causing grievous bodily harm with intent - Offender assaulting man on train - Whether sentence unduly lenient.
In the instant case, where the offender pleaded guilty to causing grievous bodily harm with intent, having punched and kicked a fellow train passenger who had tried to intervene to stop his aggressive and unpleasant behaviour, a sentence of two years' imprisonment was unduly lenient. Taking into account all the circumstances, including the offender's guilty plea, a sentence of lower than five years' imprisonment at first instance was inappropriate.
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