David Maxell Hurst [2019] EWCA Crim 917

A guilty plea was accepted to an alternative count of attempting to commit grievous bodily harm when what was thought to be a fractured eye socket turned out not to be. At the sentencing hearing, the guideline used was the one for assault occasioning actual bodily harm.

The primary ground for the Reference was that was the wrong guideline and the judge should have followed the guidelines for offences of causing grievous bodily harm/wounding with intent. That was now accepted as common ground, and as a result the sentence was unduly lenient.

The sentence of 21 months’ imprisonment was quashed and substituted for it a sentence of 4 years and 6 months’ imprisonment.