We are delighted to have secured a successful outcome for our client in the Court of Appeal.
Our client who was a successful and well known DJ had pleaded guilty to offences of section 20 grievous bodily harm (GBH) and assault occasioning actual bodily harm (ABH) arising from an incident in a nightclub where he had been performing. He was originally sentenced to 26 months’ immediate custody (21 months for the GBH and 5 months consecutive for the ABH). He was jointly charged with a co-defendant, who had pleaded guilty and been sentenced at an earlier date.
Following refusal of permission to appeal by the Single Judge, we successfully renewed the application before the full Court. We argued that the sentencing judge’s approach to our client’s sentence differed from that taken with his co-defendant, both in the application of the totality principle and in the categorisation of harm — an approach we submitted that was wrong in principle and resulted in a sentence that was manifestly excessive.
The Court of Appeal accepted our submissions, concluding that the appropriate level of harm was Category 3, as the sentencing judge had correctly assessed the injury when sentencing the co-defendant. The Court also agreed that the sentences should properly run concurrently. As a result, our client’s original sentence of 26 months’ imprisonment was quashed and replaced with a total sentence of 18 months’ imprisonment.
Kate Riekstina of Great James Street Chambers was instructed as Counsel and was instrumental in securing this outcome for our client.
Senior Partner Mark Bowen led the defence team, assisted by Associate Alice Dyer and Trainee Solicitor Caitlin Albert.