Manifestly excessive sentence of 21 months for grievous bodily harm reduced to 12 months

Louise successfully argued in the Court of Appeal that the Recorder at Oxford Crown Court had wrongly categorized her client’s sentence for s.20 grievous bodily harm. The Court of Appeal agreed and reduced the manifestly excessive sentence from 21 months to 12 months. 

Louise’s client was a vulnerable man with highly complex mental health issues. He had only been discharged after being sectioned for his mental health days before the offence. Up to this point, he had only committed low-level offences. However, when he happened to come across the victim, against whom he harboured a grudge as the victim had made inappropriate sexual remarks to his young niece, he lost his temper. He humiliated the victim and punched him repeatedly in the face. 

Louise highlighted through various reports that his offending was strongly connected to his complex mental health issues. These made him less able to regulate his emotions and control his impulses, especially in situations where he feels disrespected. She also highlighted that the other factors placing this case in the ‘lower culpability’ category were present as well. 

The Court accepted that there were no higher culpability factors present and that the learned Recorder had wrongly categorized the case as one of higher culpability. They agreed that the sentence was manifestly excessive and lowered it from 21 months’ to 12 months’ imprisonment.

Louise Willocx was instructed by Tahera Ahmed and Sunita Mehta from ABV solicitors.