R v Timothy William Bodle (AKA Morris)

For intentional strangulation, the normal custodial starting point is 18 months, but aggravating features may justify a higher sentence. Where sentence is also required for a separate assault, the court must avoid double counting and apply totality so that the overall term reflects the gravity of the offending.

An appellate court will not interfere unless the sentence was wrong in principle or manifestly excessive. In this case, offending in the victim’s home, in the presence of children, and requiring a child to intervene justified a 27-month total sentence. A sentence above two years was incapable of suspension.

The appellant pleaded guilty at Stafford Crown Court to assault occasioning actual bodily harm and intentional strangulation of his pregnant partner. The incident occurred in their home while two children were present. The appellant strangled the complainant and bit her cheek; the eldest child intervened.

On 10 January 2024, HHJ Hobson imposed concurrent sentences of 12 months and 27 months’ imprisonment, producing a total of 27 months after credit for the guilty pleas. The appellant appealed with the single judge’s leave. He contended that the notional sentence was too high, insufficient weight had been given to mitigation and R v Borsodi [2023] EWCA 899, and the sentence should have been suspended.

The central issue was whether the total sentence was wrong in principle or manifestly excessive.

1. Appeal dismissed. The court held that the total sentence of 27 months’ imprisonment was neither wrong in principle nor manifestly excessive.
2. The sentencing judge was entitled to begin with the normal 18-month custodial starting point identified in R v Cook [2023] EWCA 452 for intentional strangulation, and then increase the notional sentence to reflect the particular aggravating features. The strangulation occurred in the complainant’s home, in the presence of young children, and one child had to pull the appellant away. The associated biting assault was also serious.
3. There were two distinct offences for sentence. The judge was therefore required to avoid double counting but to ensure that the concurrent sentences and total term reflected the offending as a whole. The Court of Appeal was satisfied that the judge had observed totality and had properly allowed the 25 per cent credit for the guilty pleas.
4. R v Borsodi [2023] EWCA 899 established that Cook did not impose an exceptional-circumstances threshold for suspension. That did not assist the appellant on these facts. The resulting sentence exceeded two years and was incapable of suspension.
5. The appellant’s lack of previous custody, employment, efforts to reduce drinking, family circumstances and further material concerning remorse did not render the sentence excessive. The appeal was dismissed.

• Court of Appeal (Criminal Division). The court dismissed the appeal against sentence: [2024] EWCA Crim 1157.
• Crown Court at Stafford. On 10 January 2024, HHJ Hobson imposed concurrent terms of 12 months’ imprisonment for assault occasioning actual bodily harm and 27 months’ imprisonment for intentional strangulation, producing a total term of 27 months.