Philip Duesbury [2019] EWCA Crim 1555

The appellant was sentenced to an extended sentence of 23 years, comprising a custodial term of 18 years for causing grievous bodily harm with intent. Concurrent determinate sentences were imposed for possession of an offensive weapon, possession of a bladed article, theft and wounding with intent. He appealed against the imposition of the extended sentence, submitting it was manifestly excessive.

The appellant slashed his former girlfriend to the face, and as he went to strike her a second time, her new boyfriend intervened, and he was stabbed through his hand. At trial, the appellant claimed it was the boyfriend who produced the knife and that he had only acted in self-defence.

No issue was taken that this was a category 1 offence with a number of aggravating features. The appellant was on bail at the time, he had previous convictions, he intended to cause serious harm to his former girlfriend, and it was a case of transferred malice. It was an attack in public in daylight, and there were two victims.

Held: the sentence was harsh, but it was not manifestly excessive bearing in mind the aggravating features.