R v Thomas Christopher Bond
[2024] EWCA Crim 406
R v John Leroy Ferns
25 May 2023
[2023] EWCA Crim 647
Court of Appeal
A man was sentenced to 9 months in jail for punching another man and causing serious dental damage. He lied throughout the case, delaying it for three years. The judge decided jail was necessary, and the appeal court agreed. The delay was his fault and didn't make the sentence unfair.
Key Facts
- •John Leroy Ferns (appellant, 56) convicted of assault occasioning actual bodily harm (s.47 Offences Against the Person Act 1861).
- •Incident: Appellant punched complainant, Mr. Ruch, causing significant dental injuries.
- •Appellant maintained a false defence throughout the proceedings, only admitting guilt after conviction.
- •Significant delay (3 years) due to pandemic, lockdowns, and case prioritization.
- •Appellant had previous convictions (1984, 1989, 2002), including a prior s.47 offence.
- •Sentenced to 9 months' immediate imprisonment.
Legal Principles
Sentencing Guidelines for assault occasioning actual bodily harm.
Sentencing Guidelines
Overarching Principles on Delay in Sentencing Guidelines.
Sentencing Guidelines
Outcomes
Appeal refused.
Judge properly exercised discretion regarding sentence suspension, considering all relevant factors (mitigation, lack of rehabilitation prospect, severity of injuries). The uplift in sentencing was justified by aggravating factors.
Judge's comments on delay were not contrary to sentencing guidelines.
The judge did not fault the appellant for not admitting the offence; she simply noted the consequence of the delayed proceedings due to the appellant's actions.