R v Owen McGowan & Ors.
[2023] EWCA Crim 247
R v Camron Brown
4 October 2023
[2023] EWCA Crim 1197
Court of Appeal
A young man was sentenced to eight years in prison for stabbing someone. The judge thought that was too harsh because of the man's age and good record, and because the knife wasn't a huge weapon. So, the sentence was reduced to six years and eight months.
Key Facts
- •Camron Brown (aged 23) convicted of causing grievous bodily harm with intent (s.18 Offences against the Person Act 1861).
- •Stabbed Ashley Davis twice in the lower abdomen with a lock-knife during a scuffle.
- •Davis suffered life-threatening injuries, including evisceration, requiring spleen removal and ongoing medication.
- •Brown was sentenced to eight years' detention in a young offender institution.
- •Brown appealed against the sentence arguing for a lower culpability category and greater consideration of mitigation.
Legal Principles
Sentencing guidelines for grievous bodily harm with intent.
Sentencing Guidelines
Seriousness of carrying a knife when committing a crime.
Attorney General's Reference (No 49 of 2008) [2008] EWCA Crim 2034
Outcomes
Appeal partly allowed.
The Court of Appeal agreed the harm was Category 1, but considered the culpability should be at the lower end of Category A due to the size of the knife. The original sentence was deemed excessive.
Sentence reduced from eight years to six years and eight months' detention.
One-third reduction applied for youth and good character, based on a revised notional sentence of 10 years.