Source: All England Reporter
Publisher Citation: [2009] All ER (D) 141 (Aug)
Neutral Citation: [2009] EWCA Crim 2019
Court: Court of Appeal, Criminal Division

Thomas LJ, Treacy and King JJ (judgment delivered extempore)

Representation Tom Wainwright (instructed by Aldridge Brownlee LLP) for the defendant.
  The Crown did not appear and was not represented.
Judgment Dates: 18 August 2009


Sentence - Custodial sentence - Custodial sentence longer than that commensurate with seriousness of offence - Defendant with previous convictions headbutting victim in premeditated attack and being charged with grievous bodily harm - Defendant pleading guilty and sentenced to three years' imprisonment - Whether sentence manifestly excessive.

The Case

Sentence Custodial sentence. Court of Appeal, Criminal Division: In the case of an offence of unlawfully and maliciously inflicting grievous bodily harm grievous bodily harm contrary to of the Offences against the Person Act 1861, a sentence of two years' imprisonment would be substituted in the place of three years where the injuries inflicted on the victim could not be said to be particularly grave.

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