Marsh & Anor, R v

Marsh & Anor, R v

The offence was correctly classified as category 1 due to the serious and permanent facial injury, psychological harm, premeditation, use of a weapon, and the vulnerability of the victim. The roles of the appellants were not sufficiently subordinate to warrant lower culpability. The sentences imposed were at the lowest end of the appropriate range and were not manifestly excessive.

Parties
Appellant: Daryll Marsh; Appellant: Jade Stokes; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
09 December 2011
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Unlawful Wounding, Application of Sentencing Guidelines
Criminal Law Sentencing Unlawful Wounding Application of Sentencing Guidelines

Case Brief

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Parties

Daryll Marsh

Appellant

Jade Stokes

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge properly applied the Sentencing Guidelines Council guidelines on assault
  2. 2 Whether the offence was correctly classified as category 1 or category 2 under the guidelines
  3. 3 Whether the roles of the appellants warranted lower culpability

Ratio Decidendi

The offence was correctly classified as category 1 due to the serious and permanent facial injury, psychological harm, premeditation, use of a weapon, and the vulnerability of the victim. The roles of the appellants were not sufficiently subordinate to warrant lower culpability. The sentences imposed were at the lowest end of the appropriate range and were not manifestly excessive.

Court Disposition

appeal dismissed

Orders

  • Appeals against sentence dismissed.