A man severely assaulted his pregnant ex-girlfriend, causing her to lose her baby. The judge gave him a longer sentence than usual because the crime was so serious and he had a violent past. The appeals court agreed with the long sentence.
Key Facts
- •Jamie Macklin (appellant) assaulted his pregnant ex-partner, Kathleen Bonner, on November 22, 2022.
- •The assault involved verbal abuse, striking Bonner with a beer can-filled bag, punching and kicking her.
- •The assault lasted approximately 30 minutes and occurred in the presence of Bonner's 9-year-old son.
- •Bonner miscarried two weeks after the assault.
- •Macklin had a previous conviction for arson with intent to endanger life in 2006, involving a former partner.
- •The trial judge sentenced Macklin to four years and eight months' imprisonment for assault occasioning actual bodily harm.
Legal Principles
Sentencing guidelines for assault occasioning actual bodily harm.
Sentencing Guidelines
Judges' discretion to exceed sentencing guidelines in exceptionally grave cases.
Case Law (implied)
Outcomes
Appeal dismissed.
The court upheld the sentence, finding the judge was entitled to exceed the sentencing guidelines due to the gravity of the offense, the defendant's history, and the devastating impact on the victim.