A man was sentenced to 2 years in prison for hurting his girlfriend badly. He appealed saying it was too long, but the court said the judge was right because the attack was serious and went on for a while. The man's past and his good behavior in prison were considered, but the sentence remained the same.
Key Facts
- •Gary Anthony Reid (appellant), aged 56, pleaded guilty to assault occasioning actual bodily harm (s. 47 Offences against the Person Act 1861).
- •The assault occurred on July 11, 2022, during a domestic dispute with Amy Raynor.
- •The assault involved multiple phases: poking, reversing the car into the victim, grabbing her by the neck and hair, and stealing her phone and keys.
- •Miss Raynor sustained multiple bruises and abrasions, and experienced significant psychological harm including self-harm, overdose, and suicidal thoughts.
- •The appellant had 28 previous convictions for 58 offences, including three offences against the person.
- •The sentencing judge categorized the offense as high culpability and category 1 harm.
- •The appellant was sentenced to two years' imprisonment.
Legal Principles
Sentencing guidelines for assault occasioning actual bodily harm.
Relevant guideline (unspecified in text)
Definition of 'prolonged and persistent' assault in sentencing.
R v Xue [2020] EWCA Crim 587
Section 47 of the Offences against the Person Act 1861.
Offences against the Person Act 1861
Section 20 of the Offences against the Person Act 1861.
Offences against the Person Act 1861
Outcomes
Appeal against sentence dismissed.
The Court of Appeal found the sentence of two years' imprisonment to be unimpeachable. The judge correctly categorized the offense and considered all relevant factors, including the appellant's mitigation and previous convictions.