Lindfield, R, v [2024] EWCA Crim 1131 (10 September 2024)
The sentencing judge was entitled to categorise the offence as category 2A, adjust the notional sentence upwards to 4 years after trial due to aggravating features, and apply a 25% reduction for guilty plea, resulting in a 3-year custodial term. The sentence was not manifestly excessive nor wrong in principle.
Source-derived case information.
- Citation
- [2024] EWCA Crim 1131
- Parties
- Prosecution: Rex; Appellant: John Lindfield
- Jurisdiction
- England and Wales
- Judgment Date
- 10 September 2024
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal dismissed
- Legal Topics
- Sentencing, Grievous Bodily Harm, Dangerousness, Extended Sentence, Domestic Violence
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
John Lindfield
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the custodial term of 3 years for inflicting grievous bodily harm was manifestly excessive
- 2 Whether the offence was correctly categorised under the Sentencing Council's Definitive Guideline for section 20 offences
Ratio Decidendi
The sentencing judge was entitled to categorise the offence as category 2A, adjust the notional sentence upwards to 4 years after trial due to aggravating features, and apply a 25% reduction for guilty plea, resulting in a 3-year custodial term. The sentence was not manifestly excessive nor wrong in principle.
Court Disposition
appeal dismissed
Orders
- extended sentence of 5 years (3 years custody, 2 years extended licence) upheld
- statutory victim surcharge imposed
Full Case Text
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