Tolley, R v

Tolley, R v

The appellant's actions demonstrated an intention to commit more serious harm than actually resulted, justifying placement in Category 1 of the Sentencing Council Guideline. The sentence imposed was not manifestly excessive given the aggravating factors and proper credit for the guilty plea.

Parties
Prosecution: Regina; Appellant: Shaun Stephen Tolley
Jurisdiction
England and Wales
Judgment Date
15 November 2019
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Assault Occasioning Actual Bodily Harm, Grievous Bodily Harm With Intent, Aggravating Factors, Credit for Guilty Plea
Criminal Law Sentencing Assault Occasioning Actual Bodily Harm Grievous Bodily Harm With Intent Aggravating Factors Credit for Guilty Plea

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Parties

Regina

Prosecution

Shaun Stephen Tolley

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Appropriate sentencing category for grievous bodily harm with intent
  2. 2 Application of aggravating factors in sentencing
  3. 3 Credit for guilty plea given late service of evidence

Ratio Decidendi

The appellant's actions demonstrated an intention to commit more serious harm than actually resulted, justifying placement in Category 1 of the Sentencing Council Guideline. The sentence imposed was not manifestly excessive given the aggravating factors and proper credit for the guilty plea.

Court Disposition

appeal dismissed

Orders

  • sentence of ten years' imprisonment for count 2 and twelve months for count 1 to run consecutively, total eleven years' imprisonment