R v John Leroy Ferns
[2023] EWCA Crim 647
R v Thomas Christopher Bond
14 February 2024
[2024] EWCA Crim 406
Court of Appeal
A man was given a 6-month jail sentence for a violent assault. He appealed, saying he should have got a suspended sentence (jail time he wouldn't serve unless he re-offended). The appeal court said the judge's decision was fair, even though the man showed remorse and had problems like alcohol abuse and ADHD. The seriousness of the crime and his past offences were more important.
Key Facts
- •Appellant pleaded guilty to assault occasioning actual bodily harm.
- •Appellant sentenced to six months' imprisonment.
- •Appellant appeals against sentence, specifically the lack of suspension.
- •Assault involved multiple blows to victim while defenseless, resulting in significant injuries.
- •Appellant has a prior criminal record, including offences of violence.
- •Pre-sentence report recommended a community order.
- •Judge considered sentencing guidelines and mitigating factors (e.g., remorse, alcohol abuse, ADHD).
- •21-month delay between the assault and the charge.
Legal Principles
Sentencing judges have discretion in balancing factors to decide whether to suspend a sentence.
R v Collins [2022] EWCA Crim 1781
The decision to suspend a sentence is a matter of judgment, not a simple arithmetical exercise of weighing factors.
R v Price [2023] EWCA Crim 1060
High prison population is a relevant factor in sentencing, but doesn't necessitate suspension of all short sentences.
R v Ali [2023] 2 Cr App R(S) at page 25; Sentencing Council statement, March 2023
Assault occasioning actual bodily harm sentencing guideline, reduction for guilty plea, sentencing offenders with mental disorders guideline, overarching principles of sentencing guideline, and imposition of community and custodial sentences guideline were all considered.
Case judgment
Outcomes
Appeal dismissed.
The court found the Recorder's decision not to suspend the sentence was within the permissible range of his evaluative judgment. The aggravating factors (prior record, nature of the assault) outweighed the mitigating factors.