Source: All England Reporter
Publisher Citation: [2006] All ER (D) 05 (Sep)
Court: Court of Appeal, Criminal Division

Richards LJ, Collins and Jack JJ

Representation Benjamin Squirrell (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 1 September 2006


Sentence - Imprisonment - Length of sentence - Wounding with intent to do grievous bodily harm - Inflicting bodily harm - Defendant punching prison officer in face - Whether sentence manifestly excessive.

The Case

In a case where a defendant was sentenced to three years' imprisonment consecutive to his existing sentence after he had punched a prison officer in the face, thereby inflicting bodily harm, and where the sentencing judge had indicated that he would be entitled to release after serving half of his sentence, it was held that the sentence would be quashed and substituted by as sentence of two years to adequately recognise the defendant's position as a long term prisoner and so that he would be entitled to release at or soon after serving half of his sentence, subject to the approval of a parole board.

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