Harris, R. v

Sentencing under the applicable guidelines requires the court to select the correct harm and culpability category, then make a proportionate adjustment for aggravating and mitigating features before applying credit for a guilty plea. Although serious injury and relevant previous convictions can require immediate custody, material provocation must be given proper weight. An uplift from the guideline starting point is excessive if it gives disproportionate weight to aggravating features, including the public setting of the offence.

The appellant pleaded guilty to inflicting grievous bodily harm contrary to section 20 of the Offences Against the Person Act 1861. Outside a public house, he delivered a single punch after the complainant had repeatedly threatened to kill him. The complainant fell, struck his head and sustained serious, partly life-changing injuries.

On 15 February 2019, Ipswich Crown Court imposed two years’ imprisonment. The sentencing judge treated the offence as category 2, involving greater harm and lower culpability, and increased the 18-month starting point to 30 months for aggravating features before allowing guilty-plea credit. The appellant appealed against sentence with leave of the single judge. The central issue was whether the uplift gave insufficient weight to the agreed provocation and was therefore excessive.

Appeal allowed to a limited extent. The court substituted a sentence of 20 months’ imprisonment for the sentence of 24 months.

1. The agreed guideline categorisation was category 2, involving greater harm because of the seriousness of the injury, but lower culpability. The guideline starting point was 18 months’ imprisonment, with a range extending to three years.
2. Immediate custody remained necessary. The complainant sustained very serious injuries which could easily have been fatal. The appellant’s previous convictions were a serious aggravating feature. Those matters entitled the sentencing judge to conclude that appropriate punishment could only be achieved by an immediate custodial sentence.
3. However, the increase from 18 to 30 months before credit for plea was too high. The court accepted that the public setting and presence of others had been given too much weight, and that the agreed provocation had not been given sufficient weight.
4. A proportionate uplift for the aggravating features was about 25 months. Allowing for mitigation reduced that figure to 24 months before the guilty-plea reduction. Applying the appropriate discount produced a sentence of 20 months’ imprisonment.

• Court of Appeal (Criminal Division) — In [2019] EWCA Crim 1126, allowed the appeal to a limited extent and substituted 20 months’ imprisonment.
• Ipswich Crown Court — On 15 February 2019, imposed two years’ imprisonment following a guilty plea to inflicting grievous bodily harm. The lower-court judgment citation was not stated in the judgment.