A 17-year-old stabbed someone, causing serious injuries. He was sentenced to 6 years in prison. The appeal court agreed the sentence was fair, despite the teen's age, because he used a knife in a violent attack.
Key Facts
- •The appellant, a 20-year-old man, appealed a 6-year sentence for wounding with intent (s.18 Offences Against the Person Act 1861) and possessing a knife.
- •On 30 May 2021, the appellant stabbed Kaleb Sweeney (16) multiple times with a kitchen knife, causing a punctured lung, lacerated spleen, and other injuries.
- •The assault was witnessed and captured on video.
- •The appellant initially denied presence and then responsibility, eventually being convicted at trial.
- •The appellant had no prior convictions at the time of the offence but has since acquired convictions for assaulting a police officer and affray.
- •The trial judge categorized the offence as 2A for harm and A for culpability, resulting in a 6-year sentence (reduced by one-third due to the appellant's age).
Legal Principles
Sentencing guidelines for wounding with intent under s.18 OAPA 1861, considering harm and culpability.
Sentencing Guidelines
Sentencing discounts for offenders' age at the time of the offence.
Sentencing Guidelines
Outcomes
Appeal dismissed.
The court found no error in the trial judge's categorization of the harm and culpability, and the sentence discount for the appellant's age was appropriate. The sentence, while stern, was not excessive considering the severity of the offence.