R v James Leroy Russell
[2024] EWCA Crim 1334
R v William George McKinley
29 June 2023
[2023] EWCA Crim 798
Court of Appeal
A man violently attacked a police officer after a domestic dispute. He was given a 9-month prison sentence. The court said the sentence was fair considering how badly he behaved and his long criminal history.
Key Facts
- •Applicant pleaded guilty to two counts of assault on an emergency worker (police officers PC Walsh and PC Pope) under s.1 Emergency Workers Act 2018.
- •Assault occurred after a domestic dispute where the applicant was intoxicated and threatened his former partner.
- •Applicant physically resisted arrest, assaulting PC Walsh repeatedly, causing injuries and fear of serious harm.
- •Applicant has 38 previous convictions for 66 offences, including previous violent offences.
- •Recorder Pilgerstorfer KC sentenced the applicant to 9 months imprisonment (reduced from 14 months due to guilty plea) for the assault on PC Walsh and 2 months concurrent for the assault on PC Pope.
- •The assault on PC Walsh was categorized as A1 under the Assault Guidelines.
Legal Principles
Sentencing for assault on emergency workers under s.1 Emergency Workers Act 2018.
s.1 Emergency Workers Act 2018, s.14 Sentencing Act 2020, Assault Guidelines
Application of Assault Guidelines, including consideration of aggravating features and appropriate uplifts.
Assault Guidelines
Outcomes
Application for leave to appeal against sentence refused.
The court agreed with the single judge that the sentence was not manifestly excessive, given the serious nature of the offence, the applicant's record, and the application of the Assault Guidelines. The sentence reflects Parliament's intention for condign punishment in such cases.