Alan Barnard [2019] EWCA Crim 1206

The appellant pleaded guilty to inflicting grievous bodily harm and witness intimidation and was sentenced to 18 months’ imprisonment for the GBH and 12 months consecutive for the witness intimidation. The focus of the appeal was the sentence for witness intimidation, it being accepted that the sentence for the s20 was fully justified.

The appellant punched a male outside of a pub, the victim initially did not make a complaint but when he realised his jaw was broken, he told the landlady that he was going to report it to the police. He then received a call from the appellant apologising and offering him £500 to drop the charges. The victim was concerned by the call as he was not sure if the appellant might seek revenge and felt he was capable of causing serious harm if not stopped.

The Court referred to the case of Younger, in which factors which may bear upon sentence were identified, to provide some guidance. Relevant factors in this case were the appellant made two efforts to contact the victim in the knowledge he had been responsible for a serious assault, he knew he could go to prison if the matter were pursued, he offered a bribe and by his plea accepted his actions were intended to, and did have an intimidatory effect. The sentence was severe but not manifestly excessive, the appeal was dismissed.