Wells, R v

Wells, R v

The sentence for the firearms offence was unlawful as it exceeded the statutory maximum of a fine. The sentence for assault occasioning actual bodily harm was excessive given the reckless, not premeditated, nature of the offence and the relevant sentencing guidelines. The appropriate sentence after full credit for plea is 6 months' imprisonment.

Parties
Prosecutor: Regina; Appellant: Danny Wells
Jurisdiction
England and Wales
Judgment Date
09 February 2010
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Sentencing, Assault Occasioning Actual Bodily Harm, Firearms Offences
Criminal Law Sentencing Assault Occasioning Actual Bodily Harm Firearms Offences

Case Brief

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Parties

Regina

Prosecutor

Danny Wells

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for assault occasioning actual bodily harm was excessive
  2. 2 Whether the sentence for firing an air weapon beyond premises was lawful

Ratio Decidendi

The sentence for the firearms offence was unlawful as it exceeded the statutory maximum of a fine. The sentence for assault occasioning actual bodily harm was excessive given the reckless, not premeditated, nature of the offence and the relevant sentencing guidelines. The appropriate sentence after full credit for plea is 6 months' imprisonment.

Court Disposition

appeal allowed

Orders

  • Sentence of 15 months' imprisonment quashed and substituted with 6 months' imprisonment for assault occasioning actual bodily harm
  • Sentence of 1 month's imprisonment for the firearms offence quashed