Josiah La Pompe [2019] EWCA Crim 1312

The appellant changed his plea to guilty to inflicting grievous bodily harm and was sentenced to 37 months’ imprisonment. The victim was a police officer who approached the appellant after hearing him shout at staff at a train station. The appellant was asked to leave, as he had no money and no ticket, and took umbrage. As the officer went to escort him from the station the appellant knocked off his helmet, hit him to the jaw and they fell to the floor. The officer’s ankle was fractured in three places.

The pre-sentence report stated that the appellant denied behaving aggressively to staff and that the officer was lying about having a broken ankle. An old psychological report concluded he had a poor sense of self, was highly sensitive to negative emotions and was vulnerable to severe levels of anxiety and depression.

Held: this was a bad offence within category 2 of the guideline and there was good reason to move to the top of the range. The combination of circumstances did not justify going beyond the range as the judge did here. The sentence was quashed, and a sentence of 32 months imprisonment substituted.