Harris, R. v [2019] EWCA Crim 1126 (05 June 2019)

Harris, R. v [2019] EWCA Crim 1126 (05 June 2019)

The uplift from the starting point of 18 months to 30 months was excessive given the aggravating and mitigating factors; a sentence of 20 months is appropriate after proper consideration of all circumstances.

Citation
[2019] EWCA Crim 1126
Parties
Prosecution: Regina; Appellant: Steven Alexander Harris
Jurisdiction
England and Wales
Judgment Date
05 June 2019
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Grievous Bodily Harm, Provocation, Mitigation, Aggravating Factors
Criminal Law Sentencing Grievous Bodily Harm Provocation Mitigation Aggravating Factors

Case Brief

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Parties

Regina

Prosecution

Steven Alexander Harris

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge took too high a starting point in sentencing for inflicting grievous bodily harm under section 20 of the Offences Against the Person Act 1861
  2. 2 Whether sufficient account was taken of provocation and mitigation, including mental health issues

Ratio Decidendi

The uplift from the starting point of 18 months to 30 months was excessive given the aggravating and mitigating factors; a sentence of 20 months is appropriate after proper consideration of all circumstances.

Court Disposition

appeal allowed in part

Orders

  • Sentence of 24 months imprisonment substituted with a sentence of 20 months imprisonment