Avery, R. v [2023] EWHC 3131 (SCCO) (07 December 2023)

Avery, R. v [2023] EWHC 3131 (SCCO) (07 December 2023)

Intentional strangulation under s75A Serious Crime Act 2015 is most appropriately banded at 3.4 for AGFS purposes, as its severity and sentencing range are more comparable to s21 Offences Against the Person Act 1861 (also banded at 3.4) than to s18 offences (banded at 3.3). The determining officer's use of band 3.4 was correct.

Citation
[2023] EWHC 3131 (SCCO)
Parties
Prosecution: R; Defendant: Avery
Jurisdiction
England and Wales
Judgment Date
07 December 2023
Procedural Posture
Criminal Costs Appeal / Appeal Against Determining Officer's Fee Banding Decision
Outcome
appeal dismissed
Legal Topics
Advocates Graduated Fee Scheme, Offence Banding, Intentional Strangulation, Serious Crime Act 2015, Criminal Legal Aid (remuneration) Regulations 2013
Criminal Law Legal Aid Costs Advocates Graduated Fee Scheme Offence Banding Intentional Strangulation Serious Crime Act 2015 Criminal Legal Aid (remuneration) Regulations 2013

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Parties

R

Prosecution

Avery

Defendant

Procedural Posture

Criminal Costs Appeal / Appeal Against Determining Officer's Fee Banding Decision

Legal Issues

  1. 1 What is the appropriate AGFS band for intentional strangulation under s75A Serious Crime Act 2015 for fee calculation?
  2. 2 Is intentional strangulation more appropriately banded at 3.3 (s18) or 3.4 (serious violence offences)?

Ratio Decidendi

Intentional strangulation under s75A Serious Crime Act 2015 is most appropriately banded at 3.4 for AGFS purposes, as its severity and sentencing range are more comparable to s21 Offences Against the Person Act 1861 (also banded at 3.4) than to s18 offences (banded at 3.3). The determining officer's use of band 3.4 was correct.

Court Disposition

appeal dismissed

Orders

  • The determining officer's decision to use band 3.4 for intentional strangulation is upheld.