Sonny Lyne [2019] EWCA Crim 1313

The applicant pleaded guilty to possession of a bladed article and changed his plea to guilty to wounding with intent. He was sentenced to an extended sentence of 10 years, comprising a custodial term of 8 years.

The complainant was a friend of the applicants when they were at school, and they met by chance. After an evening of drinking, they had been driven in a van to a supermarket car park. After an altercation between the applicant and the driver, the applicant and complainant were sat in the car park. The applicant pulled a bread knife from his sleeve and swung at the complainant, slashing his face. The wound to his face required 80 stitches and surgery; he also had a 2cm wound to the back of his head.

It was argued, in terms of dangerousness, that the danger only arose if the applicant was misusing alcohol, and the criteria were not met as the offence occurred out of the blue.

Held: greater harm was caused, and the complainant left with extremely serious facial scarring and psychological injury. Higher culpability was clearly established by the use of a knife and the finding that there was an intention to commit even more serious harm. Taking account of the facts of the offence, the previous convictions, PSR and psychiatric report the judge was entitled to find he was dangerous.

The renewed application was refused.