R v Geoffrey Butler
[2023] EWCA Crim 800
R v Timothy William Bodle (AKA Morris)
10 September 2024
[2024] EWCA Crim 1157
Court of Appeal
A man was sentenced to 27 months in prison for assaulting and strangling his pregnant partner in front of their children. He appealed, arguing the sentence was too harsh. The appeal court disagreed, saying the sentence was fair considering the seriousness of the crime and the presence of children.
Key Facts
- •Appellant pleaded guilty to assault occasioning actual bodily harm (s. 47 Offences Against the Person Act 1861) and intentional strangulation (s. 75A(1) and (5) Serious Crime Act 2015).
- •Victim was appellant's pregnant partner of 9 years; incident occurred in their home in presence of four children.
- •Appellant had consumed significant alcohol; claimed lack of memory of the event.
- •Appellant had previous convictions for violence.
- •Appellant received concurrent sentences of 12 months (assault) and 27 months (strangulation), totaling 27 months imprisonment.
Legal Principles
Sentencing for intentional strangulation; consideration of R v Cook [2023] EWCA 452 and R v Borsodi [2023] EWCA 899.
R v Cook [2023] EWCA 452; R v Borsodi [2023] EWCA 899
Principle of totality in sentencing for multiple offences.
Case law (implicitly referenced)
Credit for guilty plea.
Case law (implicitly referenced)
Outcomes
Appeal dismissed.
Court found the sentence, while severe, was not wrong in principle or manifestly excessive given the aggravating factors (strangulation, presence of children, previous convictions) and the principle of totality. The judge appropriately considered mitigation and gave credit for the guilty plea.