Jake Cagna & James Stephen Fowles [2019] EWCA Crim 907

Cagna pleaded guilty to assault occasioning actual bodily harm and Fowles to an affray, Cagna was sentenced to 16 months’ imprisonment and Fowles to 6 months. Both appealed on the basis that their sentence should have been suspended.

“In the case of someone who actively engages in or encourages significant and unprovoked violence, particularly in a public place and in front of others. It will require some fairly exceptional circumstances to justify suspending any sentence of imprisonment because appropriate punishment could only be achieved by immediate custody.”

Both appeals were dismissed.