Grantham, R. v

Grantham, R. v

The offence was a category 2 offence, not category 1, but multiple features of culpability and aggravating factors justified an upward adjustment outside the category range. The appellant was entitled to a one-quarter discount for indicating a guilty plea at the plea and trial preparation hearing. The totality principle justified a further reduction. The appropriate sentence was an extended sentence with a custodial term of eight years and an extension period of five years.

Parties
Prosecutor: Regina; Appellant: Kerney Grantham
Jurisdiction
England and Wales
Judgment Date
21 April 2021
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Wounding With Intent, Extended Sentences, Guilty Plea Discount, Totality Principle
Criminal Law Sentencing Wounding With Intent Extended Sentences Guilty Plea Discount Totality Principle

Case Brief

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Parties

Regina

Prosecutor

Kerney Grantham

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the offence was correctly classified as category 1 or category 2 under sentencing guidelines
  2. 2 Whether the discount for guilty plea was properly applied
  3. 3 Whether sufficient weight was given to the totality principle

Ratio Decidendi

The offence was a category 2 offence, not category 1, but multiple features of culpability and aggravating factors justified an upward adjustment outside the category range. The appellant was entitled to a one-quarter discount for indicating a guilty plea at the plea and trial preparation hearing. The totality principle justified a further reduction. The appropriate sentence was an extended sentence with a custodial term of eight years and an extension period of five years.

Court Disposition

appeal allowed in part

Orders

  • Sentence quashed
  • Substituted extended sentence with custodial term of eight years and extension period of five years