Imprisonment - Length of sentence - Assault occasioning actual bodily harm

R v James: Court of Appeal, Criminal Division (Lord Justice Richards, Mr Justice Keith, Mr Justice Nicol): 22 September 2011

The defendant, aged 34, was in an on and off relationship with the victim. They had an argument while they sat in the defendant's car because he had reported the victim to the authorities regarding her receipt of housing benefits. The victim, who was five months pregnant, got out of the car and walked home. The defendant drove to her home. He confronted her, calling her 'fat',' worthless', a 'cunt' and a 'whore'. The victim responded by calling the defendant a 'grass'.

The defendant picked up a stone and threw it at the victim's head, narrowly missing her. He got into his car and reversed, hitting a railing surrounding some trees. He then drove forward at around 11 to 13 miles per hour. The victim was in the road in front of him calling her dog. The defendant drove the car directly into her, causing her to fall to the ground. He immediately reversed and went to help the victim. The emergency services were called and she was taken by ambulance to hospital.

The victim sustained abrasions to her elbows, knees, chin, chest and abdomen. Her unborn baby was not injured and was subsequently safely delivered. The defendant, who had previous convictions for violent offences, was arrested. The original indictment charged him with causing grievous bodily harm with intent. At the plea and case management hearing, the defendant indicated to the court that he would be applying to dismiss the charge as the victim's injuries, as alleged by the prosecution, did not disclose the charge of causing grievous bodily harm.

The prosecution later accepted that contention and the indictment was amended to a charge of attempting to cause grievous bodily harm with intent (count one) and a count of assault occasioning actual bodily harm was added, as the alternative charge. The court was subsequently informed that the defendant was willing to plead guilty to the alternative charge of assault occasioning actual bodily harm, on condition that the prosecution did not proceed with count one.

The prosecution was not prepared to accept that course and consequently, the defendant did not plead at that stage. On the day of trial, the defendant pleaded guilty to the alternative charge of assault occasioning actual bodily harm. The judge, having considered the definitive guidelines of the Sentencing Guidelines Council, held that a discount of a sixth would be given. The defendant was sentenced to three years and four months' imprisonment. He appealed against sentence.

The issue was whether, in accordance with the sentencing guidelines on reduction in sentences for guilty pleas, which stated that the level of discount should reflect the stage at which the defendant had indicated a willingness to plead guilty to an offence, the defendant was entitled to a greater discount in sentence. The appeal would be dismissed.

In the instant case, the judge had not erred in giving the defendant limited credit for his guilty plea in circumstances where the defendant had not in actual fact pleaded guilty until the day of trial. Whilst there was no doubt that the defendant had admitted a willingness to plead guilty to assault occasioning actual bodily harm, it had been conditional upon the prosecution not proceeding with count one.

Gordon Ross (assigned by the Registrar of Criminal Appeal) for the defendant.