R v William George McKinley

For an assault on an emergency worker, the sentencing court may apply an uplift for the aggravated nature of the offence after identifying the category range for the basic assault. The uplift may considerably exceed that basic range. The statutory maximum of two years reflects Parliament’s intention that assaults on police officers should attract condign punishment. A sustained and frightening attack on a police officer, aggravated by relevant antecedents and a second victim, may justify an immediate custodial sentence and need not be suspended where rehabilitation is unrealistic.

The applicant pleaded guilty in the Southampton Magistrates’ Court to two assaults on police officers, contrary to section 1 of the Emergency Worker Act 2018. He was committed to the Crown Court for sentence.

At Southampton Crown Court, the recorder imposed nine months’ imprisonment for the sustained assault on PC Walsh and two months’ imprisonment concurrently for the assault on PC Pope. The applicant sought leave to appeal on the ground that the nine-month sentence was manifestly excessive. A single judge refused leave. This was his renewed application to the Court of Appeal.

1. The renewed application for leave to appeal against sentence was refused. The court agreed completely with the single judge that the sentence was not arguably manifestly excessive.

2. The recorder was entitled to classify the assault on PC Walsh as category A1 under the Assault Guideline. The assault was deliberate, frightening, unprovoked and sustained. It involved repeated blows, force applied to the officer’s throat, and a genuine fear of serious injury.

3. The court accepted that, once the category range for the basic offence had been identified, the guideline permitted an appropriate uplift for assaulting an emergency worker. That uplift could considerably exceed the basic category range. The two-year maximum under section 1 of the Emergency Worker Act 2018 supported the conclusion that Parliament intended condign punishment for assaults on police officers.

4. The recorder was also entitled to treat the applicant’s antecedents and the presence of two victims as aggravating features. The pre-discount term of 14 months, reduced to nine months for the early guilty plea, was therefore proper. Suspension was appropriately rejected because the offending was very serious and there was no realistic prospect of rehabilitation.

• Court of Appeal (Criminal Division): renewed application for leave to appeal against sentence refused in [2023] EWCA Crim 798, affirming the sentence imposed by the Crown Court.
• Crown Court at Southampton: on 28 April 2023, the recorder imposed nine months’ imprisonment for assaulting PC Walsh and two months concurrently for assaulting PC Pope.
• Southampton Magistrates’ Court: following guilty pleas, the applicant was committed for sentence under section 14 of the Sentencing Act 2020.