R v Mohammed Hassan

For sentencing attempted murder, harm must be categorised under the attempted-murder guideline by applying the ordinary meaning of ‘serious physical harm’. The guidelines for causing grievous bodily harm with intent do not govern that exercise. Although a distinction may theoretically be possible, it will be difficult to draw where the injury amounts to grievous bodily harm.

A serious pelvic fracture requiring hospital treatment and rehabilitation fell within category 2, despite no surgery and the victim’s full recovery. A lower starting point may nevertheless be proper where the injury is not at the most serious end of category 2. The overall sentence must reflect aggravating and mitigating features and totality, including separate offending against another victim.

The appellant pleaded guilty to offences of putting a person in fear of violence, assault by beating and dangerous driving, and was later convicted of attempted murder. The Crown Court at Birmingham imposed 21 years’ imprisonment for attempted murder, with concurrent sentences for the other offences, together with ancillary orders.

On appeal against sentence, he argued that the victim’s pelvic fracture was category 3 rather than category 2 harm under the attempted-murder guideline. Alternatively, he argued that the starting point should be lower and that the overall sentence was manifestly excessive. The central issues were the correct harm category and the effect of injury severity, recovery, aggravating factors and totality.

Appeal dismissed. The court held that the 21-year sentence was fair and appropriate and was not manifestly excessive (paras [29]–[30]).

1. The attempted-murder guideline divided harm into three categories. Category 2 covered serious physical or psychological harm outside category 1, while category 3 covered all other cases. The words ‘serious physical harm’ were to be applied in their ordinary sense. The guidelines for causing grievous bodily harm with intent were not relevant because the appellant was being sentenced for attempted murder, not that offence (paras [23]–[25]).
2. A distinction might theoretically be drawn between an injury amounting to grievous bodily harm for a section 18 offence and serious physical harm under category 2. The court found it difficult to envisage such circumstances. In this case, a pelvic fracture involving the hip socket, requiring hospital treatment and rehabilitation, was serious physical harm. The absence of surgery and the eventual full recovery did not take the case into category 3 (para [26]).
3. The court considered that the starting point might properly have been reduced from 20 years because the injury, viewed in light of the full recovery, was not at the most serious end of category 2. That observation did not make the sentence manifestly excessive. The aggravating factors identified by the sentencing judge outweighed the mitigating factors (para [28]).
4. Totality also justified the sentence. The separate offences against Ms Hassan could properly have attracted consecutive sentences. The judge instead ordered concurrency and increased the sentence for attempted murder to reflect the overall offending. No alteration was required (paras [28]–[30]).

1. Court of Appeal (Criminal Division) — Appeal against sentence dismissed: [2024] EWCA Crim 1860.
2. Crown Court at Birmingham — The appellant pleaded guilty to three offences, was convicted of attempted murder, and was sentenced on 14 April 2023. The judgment gives no citation for that decision.