R v Timothy William Bodle (AKA Morris)
[2024] EWCA Crim 1157
REX v ALFIE COOK
4 April 2023
[2023] EWCA Crim 452
Court of Appeal
A man strangled his ex-girlfriend. Because it's a new crime, the judge used a similar crime to decide the sentence. The court agreed the 15-month sentence was fair, even though the man was young.
Key Facts
- •Alfie Cook intentionally strangled his former partner, Deborah Rodriguez, on 6 November 2022.
- •The strangulation occurred in Rodriguez's home, in the presence of their child, and was filmed by Rodriguez.
- •Cook had previously assaulted Rodriguez on 6 June 2022, also involving strangulation, before the new offence of non-fatal strangulation came into force.
- •Cook pleaded guilty to intentional strangulation under section 75A of the Serious Crime Act 2015.
- •Cook was sentenced to 15 months' imprisonment (later corrected to 15 months' detention in a young offender institution).
Legal Principles
Section 70 of the Domestic Abuse Act 2021 introduced the offence of non-fatal strangulation.
Domestic Abuse Act 2021, Section 70; Serious Crime Act 2015, Section 75A
Intentional strangulation does not require proof of injury or harm; the act itself constitutes the offence.
Serious Crime Act 2015, Section 75A
Sentencing for intentional strangulation should consider the Sentencing Council guideline on assault occasioning actual bodily harm for guidance, but not as a definitive framework.
Case Law; Sentencing Council guideline on assault occasioning actual bodily harm
A custodial sentence is generally appropriate for intentional strangulation, with an 18-month starting point.
Case Law
Aggravating factors include previous violence, presence of children, attack in the victim's home, sustained strangulation, abuse of power, and offence committed while on bail.
Case Law
Mitigating factors include good character, age and immaturity, remorse, mental disorder, and seeking help for anger management.
Case Law
The Sentencing Council's overarching principles on domestic abuse are relevant, with provocation generally not being a mitigation.
Sentencing Council Overarching Principles Guideline
Outcomes
The appeal was dismissed.
The sentence of 15 months' detention in a young offender institution was not manifestly excessive considering the aggravating and mitigating factors.
The original sentence of 15 months' imprisonment was quashed and replaced with 15 months' detention in a young offender institution.
The original sentence was unlawful due to Cook's age.