Source: All England Reporter
Publisher Citation: [2012] All ER (D) 137 (Aug)
Neutral Citation: [2012] EWCA Crim 1986
Court: Court of Appeal, Criminal Division
Judge:

Rafferty LJ, Irwin and Nicola Davies JJ (judgment delivered extempore)

Representation Deanna Heer (instructed by the Treasury Solicitor) for the Attorney General.
  Paul Caulfield (instructed by Pearson Caulfield, Newcastle) for the defendant.
Judgment Dates: 21 August 2012

Catchwords

Sentence - Suspended sentence - Causing actual bodily harm - Defendant attacking victim in unprovoked assault - Defendant punching victim to head knocking him unconscious and breaking jaw - Defendant kicking victim's head as he lay on ground unconscious - Defendant having positive mitigation - Judge imposing suspended sentence - Attorney General referring sentence to Court of Appeal as unduly lenient - Whether sentence unduly lenient.

The Case

Sentence Suspended sentence. The Court of Appeal, Criminal Division, held that although a suspended sentence of one year imposed for a vicious attack had been unduly lenient, and should have been immediate imprisonment of two and a half years, the exceptional circumstances of the case meant that the sentence would not be interfered with.

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