R v Karley Harding
[2024] EWCA Crim 936
R v Zolile Ndiweni
30 July 2024
[2024] EWCA Crim 1139
Court of Appeal
A man was sentenced to 8 months in jail for a brutal attack that caused serious injuries. Even though he was very sick and waiting for a liver transplant, the judge decided jail time was necessary because of how violent the attack was. The appeals court agreed with the sentence.
Key Facts
- •The appellant pleaded guilty to inflicting grievous bodily harm (GBH) contrary to section 20 of the Offences Against the Person Act 1861.
- •The incident occurred on November 19, 2022, in Kettering, involving a sustained attack on the victim.
- •The victim suffered a fractured jaw, a chipped tooth, and a burst blood vessel in his eye, requiring surgery.
- •CCTV footage showed the appellant repeatedly kicking the victim while he was on the ground.
- •The appellant had no previous convictions but suffered from serious health issues, including inflammatory bowel disease and awaiting a liver transplant.
- •The Recorder sentenced the appellant to 8 months' imprisonment.
Legal Principles
Sentencing for GBH under section 20 of the Offences Against the Person Act 1861.
Sentencing Guideline for GBH
Application of the Sentencing Guideline for the Imposition of Community and Custodial Sentences.
Imposition Guideline
Outcomes
Appeal dismissed.
The Court of Appeal found the 8-month sentence neither excessive nor wrong in principle. The Recorder appropriately considered the aggravating and mitigating factors, including the appellant's health, and the seriousness of the offence justified immediate custody. The Court found no error in the application of the sentencing guidelines.