R v Steven Arthur Connolly
[2024] EWCA Crim 31
R v Hasan Gulzar
25 April 2023
[2023] EWCA Crim 630
Court of Appeal
A young man with ADHD and autism was sentenced for carrying knives and stabbing someone. The judge didn't consider his conditions enough, so the court reduced his sentence slightly, but he's still going to prison.
Key Facts
- •Appellant pleaded guilty to possessing a bladed article (s.139 Criminal Justice Act 1988), threatening with a bladed article (s.139 AA), and assault occasioning actual bodily harm (s.47).
- •The s.139 offence involved disposing of a Rambo-style knife after a fight.
- •The s.47 and s.139 AA offences involved stabbing a victim with scissors during a fight at McDonald's.
- •Appellant had ADHD and Autism Spectrum Condition (ASC).
- •Appellant had previous convictions for violence.
- •Appellant was sentenced to 40 months imprisonment (28 months for s.47, concurrent 12 months for s.139 AA, consecutive 12 months for s.139).
Legal Principles
Sentencing guidelines for offences involving bladed articles and assault.
Definitive Guideline
Sentencing offenders with mental disorders.
Sentencing guideline for offenders with mental disorders, developmental disorders, or neurological impairments
Outcomes
Appeal allowed in part.
The judge did not make sufficient allowance for mitigating circumstances (age, immaturity, ADHD, ASC).
Sentence for s.47 reduced from 28 months to 22 months.
To reflect mitigating factors, including developmental disorders.
Other sentences remain unchanged.
The judge's assessment of the aggravating factors was appropriate.