Oldfield, R. v

Oldfield, R. v

The sentence imposed was unlawful because the combined custodial and licence periods exceeded the statutory maximum for assault occasioning actual bodily harm; only three years custodial and two years licence were permissible.

Parties
Applicant: Mark Oldfield; Respondent: Crown; Complainant: Martin Trigg
Jurisdiction
England and Wales
Judgment Date
13 October 2011
Procedural Posture
Criminal Appeal / Judgment on Leave to Appeal and Sentence
Outcome
sentence quashed and substituted
Legal Topics
Sentencing, Assault Occasioning Actual Bodily Harm, Extended Sentence, Maximum Sentence, Leave to Appeal
Criminal Law Sentencing Assault Occasioning Actual Bodily Harm Extended Sentence Maximum Sentence Leave to Appeal

Case Brief

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Parties

Mark Oldfield

Applicant

Crown

Respondent

Martin Trigg

Complainant

Procedural Posture

Criminal Appeal / Judgment on Leave to Appeal and Sentence

Legal Issues

  1. 1 Whether the sentence imposed exceeded the statutory maximum for assault occasioning actual bodily harm
  2. 2 Whether the extension of time for leave to appeal should be granted
  3. 3 Whether the custodial and licence periods were excessive

Ratio Decidendi

The sentence imposed was unlawful because the combined custodial and licence periods exceeded the statutory maximum for assault occasioning actual bodily harm; only three years custodial and two years licence were permissible.

Court Disposition

sentence quashed and substituted

Orders

  • The sentence imposed is quashed.
  • A custodial sentence of three years and a licence period of two years is substituted.