R v Tariq Reda
[2024] EWCA Crim 1311
R v James Leroy Russell
22 October 2024
[2024] EWCA Crim 1334
Court of Appeal
A man severely hurt his girlfriend and then hit two police officers. The judge gave him a long prison sentence. The appeal court said the sentence was mostly fair, but it was too harsh because the judge didn't follow the rules for combining multiple crimes. The court reduced the total sentence.
Key Facts
- •Appellant (30) pleaded guilty to criminal damage, two counts of assaulting an emergency worker, and section 47 assault occasioning actual bodily harm.
- •Offences stemmed from an attack on his girlfriend, Ms Challis, resulting in significant injuries.
- •Appellant made violent threats and assaulted two police officers during arrest.
- •Appellant has an extensive criminal record, primarily involving violence against women.
- •Judge sentenced appellant to 44 months' imprisonment: 32 months for section 47 assault, and two consecutive 6-month sentences for assaulting emergency workers.
Legal Principles
Sentencing guidelines for assault occasioning actual bodily harm (s.47), considering culpability and harm categories.
Sentencing Guidelines
Principle of totality in sentencing, requiring consideration of all offences to avoid excessive cumulative sentences.
Guideline on Totality
Sentencing for assaulting emergency workers, considering factors like the maximum sentence and the defendant's antecedents.
R v Yearwood [2024] EWCA Crim 1094
Outcomes
Appeal partially allowed.
The sentence for the section 47 assault was upheld, but the consecutive sentences for assaulting emergency workers were amended to reflect the principle of totality.
Sentence reduced from 44 months to 38 months.
The second sentence for assaulting an emergency worker was made concurrent instead of consecutive to the first, reducing the overall sentence.