R v Karley Harding
[2024] EWCA Crim 936
R v Safina Bi
10 October 2024
[2024] EWCA Crim 1219
Court of Appeal
A woman threw a piece of wood, causing her neighbour to go blind in one eye. She was given a two-year prison sentence. The court decided the sentence was fair, even though there was a history of problems between the families. The judge was right not to suspend the sentence because of how serious the injury was.
Key Facts
- •Safina Bi was sentenced to two years' imprisonment for inflicting grievous bodily harm (GBH) contrary to section 20 of the Offences against the Person Act 1861.
- •The incident involved throwing a plank of wood over a hedge, hitting the complainant in the eye, causing complete vision loss in that eye.
- •There was a history of feuding between the families involved.
- •The offence was categorized as B1 under the sentencing guideline, with a starting point of three years.
- •The judge considered aggravating and mitigating factors to be balanced, reducing the sentence to two years.
- •A full one-third reduction for the guilty plea was applied, which was deemed excessive.
- •The applicant's mitigation included good character, provocation, abuse suffered from the complainant, and difficult background.
- •The judge refused to suspend the sentence, finding immediate custody necessary.
Legal Principles
Sentencing guidelines for GBH under section 20 of the Offences against the Person Act 1861.
Sentencing Council Guideline
Criteria for granting leave to appeal against sentence: manifestly excessive sentence or error of principle by the sentencing judge.
Court of Appeal Criminal Division
Considerations for suspending a sentence, including the seriousness of the offence and the need for immediate custody.
Imposition Guideline
Outcomes
The renewed application for leave to appeal against sentence was refused.
The Court of Appeal found the sentence of two years' imprisonment not to be manifestly excessive and that the judge did not err in principle in refusing to suspend the sentence.