Abdille, R v [2009] EWCA Crim 1195 (6 May 2009)

Abdille, R v [2009] EWCA Crim 1195 (6 May 2009)

The proper sentence for inflicting grievous bodily harm following a guilty plea is 18 months' imprisonment, not 30 months, due to guideline ranges and aggravating features. The suspended sentence was correctly activated in full given lack of meaningful compliance and commission of further offences.

Citation
[2009] EWCA Crim 1195
Parties
Prosecution: Regina; Appellant: Liban Abdille
Jurisdiction
England and Wales
Judgment Date
06 May 2009
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Sentencing, Grievous Bodily Harm, Suspended Sentence Activation
Criminal Law Sentencing Grievous Bodily Harm Suspended Sentence Activation

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Parties

Regina

Prosecution

Liban Abdille

Appellant

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Was the sentence for inflicting grievous bodily harm manifestly excessive?
  2. 2 Should the suspended sentence be activated in full or reduced?

Ratio Decidendi

The proper sentence for inflicting grievous bodily harm following a guilty plea is 18 months' imprisonment, not 30 months, due to guideline ranges and aggravating features. The suspended sentence was correctly activated in full given lack of meaningful compliance and commission of further offences.

Court Disposition

appeal allowed in part

Orders

  • Quash the 30-month sentence for inflicting grievous bodily harm.
  • Substitute a sentence of 18 months' imprisonment for inflicting grievous bodily harm.