Williams, R v

A sentence for assault occasioning actual bodily harm may be placed in the highest guideline category where the harm and culpability justify it. However, aggravating features must justify any departure beyond that category’s sentencing range.

Where an extended driving disqualification is required alongside custody under Road Traffic Offenders Act 1988, the sentencer need not predict the offender’s release date. The extension is calculated so that disqualification takes effect on automatic release, but the order itself commences on the date of sentence.

The appellant was convicted at Lewes Crown Court of assault occasioning actual bodily harm, assault by beating, fraud and dangerous driving. He received four years’ imprisonment for the first assault and three months’ imprisonment consecutively for the second. He was also disqualified from driving under the Road Traffic Offenders Act 1988.

He appealed his sentence with permission of the single judge. He contended that the first assault should have fallen within a lower guideline category or, alternatively, attracted a lower sentence. The appeal also required correction of the extended driving-disqualification order and its commencement date.

1. The appeal was allowed. The judge was entitled to classify the assault occasioning actual bodily harm in category 1 of the Assault Guideline. The injuries were serious in the context of the offence, and the appellant had used the car recklessly as a weapon. Those features established greater harm and higher culpability.

2. Nevertheless, the four-year sentence on that count was manifestly excessive. The aggravating features, including alcohol consumption, the complainant’s vulnerability and relevant previous convictions, did not justify increasing the category 1 starting point of 18 months to an out-of-category sentence. A sentence of three years’ imprisonment was appropriate at the top of the category range following trial. The consecutive three-month sentence for the assault on the second complainant remained undisturbed.

3. The court applied the guidance in R v Needham [2016] EWCA Crim 455 to the extended disqualification. Under sections 35A and 35B of the Road Traffic Offenders Act 1988, the corrected custodial term of three years and three months required an extension of 19 months, being half of that term rounded down. After allowing for the period served under the interim order, the proper extended disqualification was 36 months.

4. A sentencer need not predict the date on which an offender will be released when imposing an extended disqualification under section 35A. The statutory extension is designed to ensure that the disqualification has effect upon automatic release. The disqualification order commences on the date of sentence.

The sentence of four years for count 1 was quashed and replaced with three years’ imprisonment. The total custodial term became three years and three months, and the driving disqualification was varied to three years. All other orders remained unaffected.

• Court of Appeal (Criminal Division): Allowed the sentence appeal. It substituted three years’ imprisonment for the four-year sentence on count 1, leaving the consecutive three-month sentence intact, and varied the extended driving disqualification.
• Crown Court at Lewes: On 20 February 2018, the appellant was convicted of four offences. On 13 April 2018, Judge Waddicor imposed a total sentence of four years and three months’ imprisonment and a driving disqualification under the Road Traffic Offenders Act 1988.