Shannon, R. v

For sentencing under the definitive guideline for grievous bodily harm, whether an injury is particularly grave is assessed against offences of grievous bodily harm generally. An injury which is not particularly grave does not necessarily place an offence in the lowest guideline category.

Where the circumstances show an element of anticipation or preparation for an attack, the proper category may be premeditated assault without a weapon. A sentence at the top of the applicable range will be excessive unless the circumstances justify that level, even for a serious and unprovoked attack.

The appellant pleaded guilty at Birmingham Crown Court to inflicting grievous bodily harm after punching a stranger in a bar. The complainant suffered a broken jaw, a cracked tooth and required surgery.

Although the appellant had previous good character, was in employment and pleaded guilty at the earliest opportunity, the Recorder imposed 12 months’ immediate imprisonment. The appellant appealed against sentence with leave of the single judge.

The issues were whether immediate custody was appropriate, the correct category under the definitive assault guideline, and whether the sentence was manifestly excessive.

1. Appeal allowed as to length of sentence. Immediate custody was justified. The attack was serious, wholly unprovoked and committed against a stranger while the appellant was drunk and aggressive. His good character, employment, early guilty plea and the fact that the conduct was out of character did not make a community order or suspended sentence appropriate.

2. The court accepted the approach advanced by reference to R v Olawo [2008] EWCA Crim. 528. The complainant’s injury was not particularly grave when assessed against grievous bodily harm offences generally. That conclusion did not, however, require the case to be treated as an unpremeditated assault in the lowest guideline category.

3. The preceding mimicking of the complainant and a witness’s expectation that an attack would occur showed an element of premeditation. The applicable guideline category was therefore premeditated assault without a weapon. It carried a starting point of 36 weeks’ custody and a range of 24 weeks to 18 months.

4. The Recorder’s sentence, after allowing full credit for plea, represented an 18-month sentence after trial. It was thus at the very top of the applicable range. Although the assault was serious, that level was excessive on these facts. The appropriate sentence after a trial was about 12 months’ imprisonment. Giving full credit for the early guilty plea, the sentence was reduced to eight months’ imprisonment.

• Court of Appeal (Criminal Division): Allowed the appeal against sentence and substituted eight months’ imprisonment: [2008] EWCA Crim 2131.
• Crown Court at Birmingham: On 15 July 2008, imposed 12 months’ imprisonment after the appellant’s guilty plea to inflicting grievous bodily harm.