Key Facts
- •Emanuele Kshatriya was convicted of attempting to cause grievous bodily harm (GBH), assault occasioning actual bodily harm (ABH), and perverting the course of justice.
- •He was also convicted of theft.
- •The Attorney General referred the 30-month sentence as unduly lenient.
- •Kshatriya had a history of violence against his former partner, Nazife Sayim.
- •He assaulted taxi driver Mr. Amofah, causing injuries including a brain bleed.
- •Kshatriya stole a video doorbell from Sayim's mother's home.
- •Kshatriya's mental health was a factor considered in sentencing (recurrent depressive disorder and PTSD).
Legal Principles
A sentence is unduly lenient if it falls outside the range of sentences a judge, applying all relevant factors, could reasonably consider appropriate.
Attorney General's Reference No 4 of 1989 [1990] 1 WLR 41
When sentencing for attempted GBH, consider the sentence for the completed offence and then discount appropriately.
Laverick [2015] EWCA Crim 1059 and Muthuraja [2019] EWCA Crim 1740
Sentencing guidelines for various offences (GBH, ABH, perverting the course of justice) were applied.
Sentencing Council guidelines
Consideration of dangerousness for sentences exceeding four years.
Section 240A of the Criminal Justice Act 2003
Outcomes
The Court of Appeal found the original sentence unduly lenient.
The judge failed to apply the correct guidelines for GBH, mischaracterized the facts of the ABH offence, understated the seriousness of perverting the course of justice, and did not properly address dangerousness.
The original sentences were quashed (except for theft).
The Court imposed a new sentence reflecting the severity of the crimes.
Kshatriya received an extended determinate sentence of nine years (six years' imprisonment and three years' extended licence).
This was deemed necessary due to the significant risk he posed to public safety.
Concurrent sentences of nine and twelve months were imposed for ABH and perverting the course of justice.
These sentences reflected the guilty pleas.