Aaron Lee Clare [2019] EWCA Crim 973

The appellant pleaded guilty to inflicting grievous bodily harm and was sentenced to 3 years and 7 months’ imprisonment. As the appellant was leaving a club the victim was re-entering, but as the appellant blocked his path the victim placed his hand on the appellant’s shoulder in order to move past. The appellant pushed him backwards into the road and punched him once to the face. The victim received a deep laceration to the nose, broken nose, fractured sinuses and eye socket fractures, he was unable to smell or taste and suffered continuing pain.

The sentencing judge found the injuries were serious in the context of the offence and factors increasing seriousness including previous convictions, the time and location of the offence and the ongoing effect on the victim. The appellant had himself been left in a coma as a result of an attack for which he had ongoing issues. Her conclusion was that this was a category 1 offence with a 10% reduction for a guilty plea on the day of trial.

It was submitted on appeal that it was wrong to place the offence in category 1 and adopting the top of the scale, and that the injuries were not serious in the context of an offence of grievous bodily harm.

Held: the injuries were potentially life changing, the victim was left with the prospect of further surgery and it was far from clear whether he would ever recover fully. The offence is a category 2 offence, but the aggravating features justify sentencing at the top of that range. If the combination of aggravating features justified placing the offence in category one it would be double counting if those factors were allowed to move it to the top of that range. The starting point should be 3 years, with 10% reduction for a guilty plea the sentence substituted was 2 years and 8 months.