Angrish, R. v

In assessing sentence for causing grievous bodily harm with intent, the court may treat the deliberate use of a motor vehicle as a weapon as a serious aggravating feature. A sentence is not excessive merely because the offender had good character and acted after provocation, where those matters have been fully reflected and the offender pursued the victim and deliberately drove at him intending really serious harm.

The appellant was convicted at the Crown Court at Kingston upon Thames of two offences of dangerous driving and of causing grievous bodily harm with intent. Following an altercation at a drive-through restaurant, he pursued the complainant and his companions, mounted the pavement and struck the complainant with his car.

He received five years’ imprisonment for causing grievous bodily harm with intent, concurrent sentences for dangerous driving, and a driving disqualification. He appealed, with leave, against the length of the custodial term. The central issue was whether the five-year sentence was excessive in light of his good character, the provocation, and sentencing comparisons involving dangerous driving causing death.

1. Appeal dismissed. The five-year sentence for causing grievous bodily harm with intent was correct.

2. The appellant’s good character and the provocative conduct of the complainant and his friends were appreciable mitigating features. The sentencing judge must have fully taken them into account when fixing the sentence.

3. They were outweighed by the grave aggravating circumstances. The appellant used his vehicle as a weapon. He did not leave after the initial confrontation, but waited, followed the complainant and drove at him on the pavement. The trial judge was entitled to regard it as fortunate that no one was killed or more seriously injured.

4. The sentencing comparisons in R v Cooksley [2003] 2 Cr App R 18 and R v Richardson [2007] 2 All ER 601 did not show the sentence to be excessive. However serious the driving in those cases, the offenders were not said to have driven at a person with an intention to cause really serious harm. That intention materially distinguished the present offence.

• Court of Appeal (Criminal Division): dismissed the appellant’s appeal against sentence.
• Crown Court at Kingston upon Thames: convicted the appellant on 30 November 2007 and sentenced him on 4 January 2008 to five years’ imprisonment for causing grievous bodily harm with intent, concurrent sentences for dangerous driving, and a driving disqualification.