R v Tariq Reda

On a sentence appeal, the court’s primary task is to decide whether the overall sentence is manifestly excessive, while considering the individual sentences as part of that assessment. Domestic abuse is a serious aggravating factor, distinct from the fact that offending occurred in the victim’s home. Where strangulation is separately charged as the lead offence, a related assault may be assessed in the applicable lower category to avoid double counting. Concurrent sentences for other offences may substantially aggravate the lead offence. Consecutive sentences for separate offending remain subject to totality and personal mitigation.

The appellant pleaded guilty to grievous bodily harm, assault occasioning actual bodily harm, intentional strangulation and common assault of an emergency worker. The Crown Court at Snaresbrook imposed a total sentence of four years and two months’ imprisonment, comprising concurrent sentences for the offences committed in 2023 and a consecutive sentence for the grievous bodily harm offence committed in 2022.

The appeal concerned sentence only. The appellant challenged the severity of the 32-month sentence for intentional strangulation and the aggregate sentence, relying on guilty plea credit, mitigation and totality. The central issue was whether the overall sentence was manifestly excessive.

Appeal dismissed. The court’s primary task was to determine whether the overall sentence was manifestly excessive. It was entitled to examine the individual sentences in addressing that question.

1. Although the Recorder described the assault occasioning actual bodily harm count as category 2A, she applied the starting point and range for category 2B. The Court considered category 2B preferable because strangulation was separately charged as the lead offence, avoiding any suggestion of double counting. The offence could be placed at the top of the category 2B range before full guilty plea credit, producing 12 months’ imprisonment.
2. Domestic abuse was a serious aggravating factor for each assault, separate from and additional to the attack occurring in the victim’s home. R v Cook [2023] EWCA Crim 452 explained the serious nature of intentional strangulation, including its harmful effects on victims. The attack involved further aggravating features, including the victim’s distress, the abuse of power, its sustained nature, previous violence, and offending on bail in breach of a protective condition. The concurrent sentences for the other offences substantially aggravated the strangulation sentence. Although severe, 32 months was not manifestly excessive.
3. The consecutive 18-month sentence for the grievous bodily harm offence was appropriate, bearing in mind the domestic context, totality and personal mitigation. It was not manifestly excessive. The overall sentence could not be criticised as manifestly excessive.

• Court of Appeal (Criminal Division) — [2024] EWCA Crim 1311: the appeal against sentence was dismissed.
• Crown Court at Snaresbrook — the appellant was sentenced to a total of four years and two months’ imprisonment, including concurrent sentences for the 2023 offences and a consecutive sentence for the 2022 grievous bodily harm offence.