Kris Murden [2019] EWCA Crim 1154

The appellant pleaded guilty to assault occasioning actual bodily harm and was sentenced to an extended sentence of 5 years comprising a custodial term of 3 years. The 58 year old female complainant approached the appellant’s dog to pet it, the appellant became extremely aggressive, and struck her repeatedly in the face with a dog chain using considerable force. The appellant had convictions for violence and carrying and the use of
offensive weapons.

Held: taking 3 years at the top of the range was the starting point, with full credit the appropriate sentence was one of 2 years. An extended sentence was entirely right given the nature of the offence in combination with the fact that at least one of the appellant’s convictions was a Schedule 15B offence. An extended period of 2 years in addition to the 2 years custodial element was imposed.