R v Gary Anthony Reid
[2023] EWCA Crim 396
R v John Lindfield
10 September 2024
[2024] EWCA Crim 1131
Court of Appeal
A man was sentenced to 5 years for badly hurting his ex-girlfriend. He appealed, arguing the sentence was too long. The Court said the injuries were serious enough to justify the sentence, even after a discount for pleading guilty. The appeal failed.
Key Facts
- •John Lindfield pleaded guilty to inflicting grievous bodily harm (GBH) contrary to section 20 of the Offences Against the Person Act 1861.
- •The victim, Kelly Flynn, sustained a fractured eye socket, broken nose, and other facial injuries after being assaulted by Lindfield.
- •Lindfield had 23 previous convictions for 55 offences, including six offences against the person.
- •The sentencing judge classified the offence as Category 2A under the Sentencing Council's Definitive Guideline for GBH offences.
- •The judge imposed an extended sentence of 5 years, comprising a 3-year custodial term and a 2-year extended licence period.
- •The appeal focused on the length of the custodial sentence.
Legal Principles
Sentencing for GBH under section 20 of the Offences Against the Person Act 1861 is guided by the Sentencing Council's Definitive Guideline.
Sentencing Council's Definitive Guideline for GBH offences (effective from 1 July 2021)
The guideline categorizes GBH offences based on the severity of harm, with Category 1 representing the most serious injuries and Category 3 the least serious.
Sentencing Council's Definitive Guideline for GBH offences
Aggravating and mitigating factors are considered when determining the appropriate sentence within the guideline's range.
Sentencing Council's Definitive Guideline for GBH offences
An extended sentence may be imposed if the offender is deemed dangerous and poses a risk to the public.
Implicit in the case judgment
The court considers the totality of the injuries and their impact on the victim when determining the appropriate category of harm.
R v O’Bryan [2021] EWCA Crim 1472
Outcomes
The appeal against sentence was dismissed.
The Court of Appeal upheld the judge's categorization of the offence as Category 2A and his assessment of the aggravating factors. The 3-year custodial sentence, after a 25% discount for the guilty plea, was deemed not manifestly excessive.