R v Shaun Russell

R v Shaun Russell

The sentencing judge was entitled to find the appellant was not acting in excessive self-defence and to place the offence in Category B1 for culpability and harm. The restraining orders were necessary and proportionate given the history and nature of injuries.

Parties
Applicant: Shaun Russell; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
07 September 2025
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Grievous Bodily Harm, Restraining Orders, Self Defence
Criminal Law Sentencing Grievous Bodily Harm Restraining Orders Self Defence

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Parties

Shaun Russell

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in categorising the offence under the sentencing guidelines
  2. 2 Whether the restraining orders were necessary and proportionate

Ratio Decidendi

The sentencing judge was entitled to find the appellant was not acting in excessive self-defence and to place the offence in Category B1 for culpability and harm. The restraining orders were necessary and proportionate given the history and nature of injuries.

Court Disposition

appeal dismissed

Orders

  • sentence of 42 months' imprisonment upheld
  • restraining order for five years preventing contact with Stephen Clements and Carly Russell upheld