Key Facts
- •Keisha Olivia Harty (appellant) was sentenced to five years and six months' imprisonment: five years and four months for wounding with intent (s. 18 Offences against the Person Act 1861), and two months consecutive for failure to surrender (s. 6 Bail Act 1976).
- •The incident occurred on New Year's Eve 2019. The appellant, heavily intoxicated, attacked Nicola Hilton at a party, causing serious facial lacerations with a broken wine glass.
- •The appellant fled the jurisdiction to Ireland and was later extradited.
- •The appellant's appeal concerned both sentences and the credit given for time spent in Irish custody.
Legal Principles
Sentencing guidelines for wounding with intent (s. 18 Offences against the Person Act 1861).
Sentencing Guidelines
Sentencing for failure to surrender (s. 6 Bail Act 1976).
Sentencing Guidelines
Leave to appeal against sentence (s. 13 Administration of Justice Act 1960).
Administration of Justice Act 1960
Credit for time spent in custody awaiting extradition (s. 327 Sentencing Act 2020).
Sentencing Act 2020
Restraining orders (s. 360 Sentencing Act 2020; repealed s. 5 Protection from Harassment Act 1997).
Sentencing Act 2020; Protection from Harassment Act 1997
Outcomes
Appeal against sentence for failure to surrender partially allowed.
The judge failed to specify the 55 days spent in Irish custody awaiting extradition. Sentence reduced by a further 25 days (55 days total less the 30 days already considered).
Appeal against sentence for wounding with intent refused.
The sentence was within the guideline range, considering aggravating and mitigating factors. The judge's assessment of the weapon and the appellant's culpability was not unreasonable.
Incorrect reference to repealed legislation in restraining order noted.
The error was due to outdated IT systems. The order remains lawful due to transitional provisions.