Smith, R. v [2023] EWCA Crim 807 (09 June 2023)

Smith, R. v [2023] EWCA Crim 807 (09 June 2023)

The sentencing judge was entitled to categorise the assaults as he did, but the overall sentence of 28 months was manifestly excessive given the facts and totality. A sentence of 22 months, comprising 12 months for the first assault and 10 months for the second, is just and proportionate. Suspension is not appropriate due to the unprovoked attacks on children.

Citation
[2023] EWCA Crim 807
Parties
Prosecution: Rex; Appellant: Buzz Smith
Jurisdiction
England and Wales
Judgment Date
09 June 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Assault Occasioning Actual Bodily Harm, Theft, Sentencing, Appeal Against Sentence, Vulnerability of Victims, Aggravating Factors
Criminal Law Assault Occasioning Actual Bodily Harm Theft Sentencing Appeal Against Sentence Vulnerability of Victims Aggravating Factors

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Parties

Rex

Prosecution

Buzz Smith

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in categorising the assaults and theft for sentencing purposes
  2. 2 Whether the total sentence imposed was manifestly excessive
  3. 3 Whether the sentence should be suspended

Ratio Decidendi

The sentencing judge was entitled to categorise the assaults as he did, but the overall sentence of 28 months was manifestly excessive given the facts and totality. A sentence of 22 months, comprising 12 months for the first assault and 10 months for the second, is just and proportionate. Suspension is not appropriate due to the unprovoked attacks on children.

Court Disposition

appeal allowed in part

Orders

  • Sentence of 28 months quashed and replaced with 22 months' imprisonment
  • No suspension of sentence; immediate custody ordered