R v Hasan Gulzar
[2023] EWCA Crim 630
R v ARH
4 October 2024
[2024] EWCA Crim 1220
Court of Appeal
A woman was sentenced to 3 years 4 months in prison for trying to stab someone with a knife. She said her mental health problems (caused by a difficult childhood) should mean a shorter sentence. The court said the crime was too serious for a shorter sentence, even considering her mental health.
Key Facts
- •Appellant appealed a 3 years 4 months sentence for attempted wounding with intent and possession of a bladed article.
- •The appellant attacked Mr. Gordon, a shop owner, with a large kitchen knife, causing a minor injury.
- •The appellant had a history of erratic behavior towards Mr. Gordon.
- •The appellant pleaded guilty late, after the trial was listed.
- •The appellant suffered from several mental health issues, including emotionally unstable personality disorder, complex PTSD, bulimia nervosa, and alcohol dependence.
- •The appellant's mental health issues stemmed from a history of childhood trauma, including burns and sexual abuse.
Legal Principles
Sentencing guidelines for those with mental disorders.
Sentencing Act 2020, section 57(2)
Discount for a guilty plea.
Court's discretion
Outcomes
Appeal dismissed.
The court found the sentence was not manifestly excessive, considering the seriousness of the offense and the mitigating factors related to the appellant's mental health.
15% discount for guilty plea upheld.
The court determined the appellant's mental health did not significantly impact the timing of her plea.