R v Timothy William Bodle (AKA Morris)
[2024] EWCA Crim 1157
R v Daryl Hood
3 September 2024
[2024] EWCA Crim 1207
Court of Appeal
A man was sentenced for abusing his elderly mother. The judge reduced one part of the sentence because it was too harsh compared to similar cases, but kept the rest. The total sentence is now slightly shorter.
Key Facts
- •Daryl Hood (appellant, 54) pleaded guilty to possession of Class B drugs (amphetamine), intentional strangulation, controlling/coercive behaviour, common assault, and obstructing a constable.
- •Offences involved violence and threats against his 82-year-old, frail mother, Olive Hood, and his nephew, Jason West, often motivated by financial gain.
- •Appellant had a significant criminal history (21 convictions for 60 offences), including previous domestic violence.
- •The appellant's behaviour was linked to substance abuse (heroin, cannabis, crack cocaine) and untreated childhood trauma.
- •The Crown Court sentenced Hood to 49 months' imprisonment (28 months for strangulation, 21 months consecutive for controlling/coercive behaviour, and concurrent sentences for other offences).
- •The appeal concerned the appropriateness of the sentences, particularly the starting points and the imposition of consecutive sentences.
Legal Principles
Sentencing for intentional strangulation, considering the guidance in R v Cook [2023] EWCA Crim 452.
R v Cook [2023] EWCA Crim 452
Sentencing for controlling and coercive behaviour, considering culpability and harm categories.
Sentencing Act 2020, sections 14 and 20 (implied)
Totality principle in sentencing – ensuring the overall sentence is just and proportionate.
Not explicitly stated, but implied throughout the judgment.
Outcomes
Appeal partially allowed.
The sentence for intentional strangulation was reduced from 28 months to 20 months, reflecting a reassessment of the appropriate starting point in light of R v Cook. All other sentences remained unchanged, resulting in a total sentence of 41 months.
Sentence for controlling/coercive behaviour upheld.
The court found the sentence for controlling/coercive behaviour was justified given the seriousness of the offence and aggravating factors.