R v Timothy William Bodle (AKA Morris)
[2024] EWCA Crim 1157
R v Geoffrey Butler
30 June 2023
[2023] EWCA Crim 800
Court of Appeal
A man was sentenced to over three years in prison for attacking his ex-partner. He appealed, arguing his sentence was too long. The Court of Appeal said the sentence was fair considering the seriousness of the attack, which included strangling her, and his long history of criminal behaviour.
Key Facts
- •Appellant pleaded guilty to breaching a non-molestation order and was convicted of intentional strangulation and assault occasioning actual bodily harm.
- •Offences occurred on November 2nd and December 23rd, 2022, against the appellant's former partner, "V".
- •November 2nd incident involved chasing V's car and threatening behaviour.
- •December 23rd incident involved strangulation, pushing V down stairs, and a prolonged assault.
- •Appellant had 19 previous convictions, including offences against the person and breaches of court orders.
- •Appellant was sentenced to three years and ten weeks' imprisonment: ten weeks for the non-molestation order breach, three years for assault occasioning actual bodily harm (consecutive), and twelve months for strangulation (concurrent).
Legal Principles
Sentencing guidelines for assault occasioning actual bodily harm and intentional strangulation.
Sentencing Act 2020, s.14; R v Cook [2023] EWCA Crim 452; relevant sentencing guidelines.
Totality principle in sentencing.
Not explicitly stated, but implied throughout the judgment.
Outcomes
Appeal against sentence dismissed.
The overall sentence of three years and ten weeks was not manifestly excessive, considering the totality of the offending and aggravating factors.