R v James Leroy Russell
[2024] EWCA Crim 1334
R v Tirminder Singh Lallie
6 October 2023
[2023] EWCA Crim 1371
Court of Appeal
A man was given a long prison sentence for fighting and being rude to police. The judge didn't think about other options, like community service or a suspended sentence. A higher court decided the sentence was too harsh, reduced it, and made it a suspended sentence so he doesn't have to go back to jail.
Key Facts
- •Appellant (38 years old) pleaded guilty to assault occasioning actual bodily harm (ABH) and using threatening/abusive words/behaviour (Public Order Act 1986, s.4).
- •ABH involved a road rage incident where appellant headbutted and punched the victim after being hit first with a pole.
- •Public order offence involved aggressive behaviour towards police community support officers.
- •Initial sentence: 26 weeks for ABH, 6 weeks consecutive for public order offence (total 32 weeks).
- •Corrected sentence (after slip rule hearing): 26 weeks for ABH, 6 weeks consecutive for public order offence (total 32 weeks).
- •Appellant served 9 weeks under Home Detention Curfew before appeal.
Legal Principles
Sentencing guidelines for ABH and public order offences.
Sentencing Guidelines
Credit for guilty pleas.
Sentencing Guidelines
Consideration of alternative sentences (community order, suspended sentence).
Sentencing Guidelines
Outcomes
Appeal allowed.
The judge failed to adequately consider alternative sentences (community order, suspended sentence) before imposing immediate custody. The original sentence was deemed manifestly excessive given the appellant's good character and the circumstances of the ABH offence.
Original sentence substituted.
20 weeks for ABH (10% reduction for late plea), 6 weeks consecutive for public order offence (25% reduction), both suspended for 18 months with a 25-day rehabilitation activity requirement.