Marcin Pawal Forys [2019] EWCA Crim 943

The appellant was convicted of wounding with intent and kidnap after trial. He was sentenced to a 20 year extended sentence comprising a custodial term of 16 years. The sentence was structured so that the totality of the offending was reflected in the extended sentence in respect of the wounding offence, 6 years’ imprisonment was passed in respect of the kidnap.

In passing sentence, the judge referred to the prolonged nature of the attack, “nothing short of torture”. The complainant was incapacitated and physically attacked with weapons, he was forced to ingest amphetamines orally and was injected so that he would feel the full extent of the pain, indicative of the psychopathic nature of the attack.

Held: although it would have been better for counsel to have been warned that a finding of dangerousness was in contemplation so that the question of a pre-sentence report could be considered, it was open to the judge to make that finding. The appeal was dismissed.