||All England Reporter
|| All ER (D) 137 (Aug)
|| EWCA Crim 1986
||Court of Appeal, Criminal Division
Rafferty LJ, Irwin and Nicola Davies JJ (judgment delivered extempore)
||Deanna Heer (instructed by the Treasury Solicitor) for the Attorney General.
||Paul Caulfield (instructed by Pearson Caulfield, Newcastle) for the defendant.
||21 August 2012
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.
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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