Blackmore, R. v [2024] EWCA Crim 993 (19 July 2024)

Blackmore, R. v [2024] EWCA Crim 993 (19 July 2024)

The sentence of six years and nine months' imprisonment was not manifestly excessive. The Recorder correctly assessed the offence as falling at the upper end of category 3B harm due to the serious physical and psychological impact on the victim, and properly applied aggravating factors including previous convictions and intoxication. The uplift of nine months was justified and the sentence was proportionate.

Citation
[2024] EWCA Crim 993
Parties
Prosecution: Rex; Appellant: Stephen Blackmore
Jurisdiction
England and Wales
Judgment Date
19 July 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Wounding With Intent, Offences Against the Person Act 1861 S.18, Appeal Against Sentence, Aggravating and Mitigating Factors
Criminal Law Sentencing Wounding With Intent Offences Against the Person Act 1861 S.18 Appeal Against Sentence Aggravating and Mitigating Factors

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Rex

Prosecution

Stephen Blackmore

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 81 months' imprisonment for wounding with intent was manifestly excessive
  2. 2 Proper categorisation of harm and culpability under sentencing guidelines
  3. 3 Appropriate weight to aggravating and mitigating factors

Ratio Decidendi

The sentence of six years and nine months' imprisonment was not manifestly excessive. The Recorder correctly assessed the offence as falling at the upper end of category 3B harm due to the serious physical and psychological impact on the victim, and properly applied aggravating factors including previous convictions and intoxication. The uplift of nine months was justified and the sentence was proportionate.

Court Disposition

appeal dismissed