Garratt, R. v [2021] EWCA Crim 814 (19 May 2021)

Garratt, R. v [2021] EWCA Crim 814 (19 May 2021)

The sentence of 39 months' imprisonment, though lenient, was not unduly lenient given the balance of aggravating and mitigating factors, the judge's assessment of loss of control and lack of premeditation, and the impact of Covid and family circumstances. The restraining order was valid under transitional provisions of the Sentencing Act 2020.

Citation
[2021] EWCA Crim 814
Parties
Prosecution: Regina; Offender: John Garratt
Jurisdiction
England and Wales
Judgment Date
19 May 2021
Procedural Posture
Criminal Appeal Reference by Attorney General (unduly Lenient Sentence) / Court of Appeal Judgment on Reference Under S.36 Criminal Justice Act 1988
Outcome
Reference dismissed; sentence upheld
Legal Topics
Unduly Lenient Sentence, Grievous Bodily Harm With Intent, Sentencing Guidelines, Restraining Orders
Criminal Law Unduly Lenient Sentence Grievous Bodily Harm With Intent Sentencing Guidelines Restraining Orders

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Parties

Regina

Prosecution

John Garratt

Offender

Procedural Posture

Criminal Appeal Reference by Attorney General (unduly Lenient Sentence) / Court of Appeal Judgment on Reference Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed for grievous bodily harm with intent was unduly lenient
  2. 2 Proper categorisation of the offence under sentencing guidelines
  3. 3 Validity of the restraining order under transitional sentencing provisions

Ratio Decidendi

The sentence of 39 months' imprisonment, though lenient, was not unduly lenient given the balance of aggravating and mitigating factors, the judge's assessment of loss of control and lack of premeditation, and the impact of Covid and family circumstances. The restraining order was valid under transitional provisions of the Sentencing Act 2020.

Court Disposition

Reference dismissed; sentence upheld

Orders

  • Leave to refer granted
  • Reference not allowed; sentence of 39 months' imprisonment stands