Two Hells Angels members were convicted for attacking rival bikers. They appealed their sentences. The court said the sentences were fair: one sentence was for a separate crime (burglary) and the other sentence was correctly assessed for the violence used in the attack.
Key Facts
- •Daniel Kent and Barry Brown, members of the Hells Angels, were involved in a revenge attack on members of the Vikings Motorcycle Club.
- •The attack followed an earlier incident at Milford Services.
- •The Hells Angels broke into the Vikings' clubhouse in Portsmouth and later attacked Vikings members in Worthing.
- •Kent pleaded guilty to assault occasioning actual bodily harm, having an offensive weapon, and burglary.
- •Brown pleaded guilty to assault and violent disorder.
- •Kent received a 48-month sentence (36 months for violent disorder, 12 months concurrent for assault, 12 months consecutive for burglary).
- •Brown received a 36-month sentence (36 months for violent disorder, 12 months concurrent for assault).
- •The appellants appealed their sentences.
Legal Principles
Totality principle in sentencing.
Sentencing Guidelines
Categorisation of violent disorder and burglary offences for sentencing.
Sentencing Guidelines on Violent Disorder and Non-Domestic Burglary
Consecutive sentencing for distinct offences.
Sentencing Guidelines
Outcomes
Appeal dismissed for Kent.
The consecutive sentence for burglary was not manifestly excessive; the burglary was a distinct offence. The violent disorder was correctly categorised, considering the targeted nature of the attack.
Appeal dismissed for Brown.
The court rejected the grounds for appeal relating to the categorisation of the violent disorder and found the sentence just and proportionate.