Michael Morris Wood [2019] EWCA Crim 941

The appellant was convicted of attempting to cause grievous bodily harm with intent and was sentenced to 9 years imprisonment. He went to the pub with his mum and her partner, Mr Bolton. An argument between the appellant and Mr Bolton escalated, he was seen to put Mr Bolton in a headlock before ramming his head into a parked car, kicking him repeatedly on the ground and punching him. When the police attended Mr Bolton was unconscious, would not thereafter co-operate with the police and the full extent of his injuries were not ascertained.

The judge categorised the offence as category 1 within the guideline for a complete offence on the basis that it was a sustained and repeated assault on a victim who was either unconscious or unable to defend himself and because the attack involved a shod foot.

Held: there is no guideline for attempting to cause grievous bodily harm with intent and the usual practice is to consider the guideline for the complete offence and then to apply an appropriate allowance for the fact that the offence was an attempt. The Recorder was best placed to assess harm and culpability and his conclusion was one open to him, a starting point of 12 years cannot be criticised. The Court did not consider, however, that the fact the attempted offence did not result in grievous bodily harm was adequately reflected in the sentence passed. Other mitigating factors were the lack of similar convictions, the fact that the appellant suffered from epilepsy and was the principal carer for his son. The appropriate sentence was one of 6 years’ imprisonment.