Harris, R. v

Harris, R. v

The uplift from the starting point of 18 months to 30 months was excessive given the aggravating factors; a reasonable uplift would be to 25 months, reduced to 24 months for mitigation before plea discount. The sentence is substituted to 20 months.

Parties
Prosecution: Regina; Appellant: Steven Alexander Harris
Jurisdiction
England and Wales
Judgment Date
05 June 2019
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Grievous Bodily Harm, Provocation, Mental Health, Aggravating and Mitigating Factors
Criminal Law Sentencing Grievous Bodily Harm Provocation Mental Health Aggravating and Mitigating Factors

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Steven Alexander Harris

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentencing judge took too high a starting point in sentencing for grievous bodily harm
  2. 2 Whether sufficient account was taken of provocation and mitigation
  3. 3 Whether a suspended sentence could have been imposed

Ratio Decidendi

The uplift from the starting point of 18 months to 30 months was excessive given the aggravating factors; a reasonable uplift would be to 25 months, reduced to 24 months for mitigation before plea discount. The sentence is substituted to 20 months.

Court Disposition

appeal allowed in part

Orders

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