R v John Leroy Ferns
[2023] EWCA Crim 647
R v Maria Savastano
28 July 2023
[2023] EWCA Crim 965
Court of Appeal
A woman was jailed for 5 months for attacking a police officer. Even though she has young children and it took a long time to go to court, the judge and appeal court thought the attack was too serious, and she showed no regret, so they didn't let her off with a warning.
Key Facts
- •Maria Savastano (appellant), 42, was sentenced to 5 months' imprisonment for assault occasioning actual bodily harm (s.47 Offences Against the Person Act 1861).
- •The victim was a police officer assaulted during a domestic incident.
- •The appellant bit the officer, causing a wound requiring medical treatment, and verbally abused him.
- •The appellant initially pleaded not guilty to s.20 wounding, but later pleaded guilty to s.47 assault.
- •There was a significant delay (nearly 3 years) between the offence and sentencing.
- •The appellant is the sole carer for three young children.
- •The appellant showed no remorse and expressed hostility towards the police.
- •The judge considered, but rejected, suspending the sentence.
Legal Principles
Sentencing guidelines for assault occasioning actual bodily harm.
Sentencing Council guideline
Considerations for suspending sentences, including impact on dependents and prospects of rehabilitation.
Sentencing Council guideline on suspended sentences
Sentencing of mothers of young children.
R v Petherick [2012] EWCA Crim 2214; R v Rescorl [2021] EWCA Crim 2005
Aggravating factors in assaults on police officers.
Case law and sentencing guidelines
Outcomes
Appeal dismissed.
The judge's decision to impose an immediate custodial sentence was not manifestly excessive or wrong in principle. The seriousness of the offence, lack of remorse, and risk of further violence outweighed mitigating factors.