Danny Blackford [2019] EWCA Crim 1513

The appellant was convicted of blackmail and assault occasioning actual bodily harm and sentenced to a total of 15 months’ imprisonment.

The appellant said the complainant owed him £30 and when he refused to pay, he was told, “You’re going to pay me that fucking money, else I’ll cause you a load of shit on this farm”. As the complainant went to get the money, he was assaulted and lost consciousness. The appellant had no previous convictions, and the behaviour appeared to be out of character, although the trial judge described him as an arrogant bully.

Held: this was an incident of relatively short duration, the judge chose to reflect the criminality by imposing a longer period of imprisonment for the blackmail, and a shorter concurrent sentence for the assault, but could equally have done the reverse. The judge took into account the mitigation and was justified in considering appropriate punishment could only be reached by immediate custody.

The appeal was dismissed.