R v Robert Evans
[2023] EWCA Crim 1520
R v Patrick Blenman
14 July 2023
[2023] EWCA Crim 851
Court of Appeal
A man was found guilty of hurting his ex-girlfriend, locking her in, setting fire to her flat, and causing her to jump out of a window to escape. The judge gave him a short sentence. The higher court decided that wasn't enough for all the bad things he did, and they gave him a longer sentence.
Key Facts
- •Patrick Blenman (56) convicted of false imprisonment, assault occasioning actual bodily harm, and arson following a four-day trial.
- •Offenses occurred after the victim ended a six-month relationship with Blenman.
- •Blenman assaulted the victim, threatened her with weapons, set fire to a carpet, locked her in her flat, and she jumped from a third-story window to escape.
- •Victim suffered significant psychological harm and attempted suicide.
- •Blenman maintained his innocence throughout the proceedings.
- •Initial sentence: 30 months imprisonment (concurrent sentences for each offence).
Legal Principles
Section 36 of the Criminal Justice Act 1988 allows the Attorney General to refer unduly lenient sentences to the Court of Appeal.
Criminal Justice Act 1988
Sentencing guidelines for assault occasioning actual bodily harm, false imprisonment, and arson.
Sentencing Guidelines
Consideration of aggravating and mitigating factors in sentencing.
Case law (various cases cited)
Avoidance of double-counting when considering multiple offences.
Case law (implied)
Outcomes
The Court of Appeal granted leave to refer the sentence.
The Recorder failed to adequately reflect the seriousness of the false imprisonment and arson offences and the aggravating features (domestic context, use of weapons, prolonged assault) in the sentence.
The original sentence was deemed unduly lenient.
The Court increased the sentence to reflect the gravity of the offences and the harm caused, considering the totality principle and mitigation.
The sentence for assault occasioning actual bodily harm was increased from 30 months to 3 years and 9 months' imprisonment.
This reflects the seriousness of the assault, the false imprisonment, the arson, and the victim's desperate actions to escape.