Steven Alexander Harris [2019] EWCA Crim 1126

The appellant appealed against 2 years’ imprisonment imposed for an offence of inflicting grievous bodily harm. Issue was taken with the starting point, and that there was insufficient account taken of the significant provocation which led to the commission of the offence.

The complainant had been drinking and the appellant was one of 3 builders in the pub engaging in horseplay. The appellant and complainant became involved in an argument and they left the pub. The complainant’s neighbour saw the appellant throwing punches and the complainant fell to the ground sustaining a serious head injury with life changing consequences. The appellant submitted an accepted basis of plea that the complainant provoked him repeating several times he was going to kill him, and the appellant threw one punch. He accepted that his actions were not necessary in all of the circumstances and regrets the injuries caused.

Held: an immediate term of imprisonment was merited; the previous convictions were a seriously aggravating feature and the substantial injury caused could easily have proved fatal. The uplift to 20 months was too high taking account of the basis of plea and provocation, a reasonable uplift was to 25 months, reduced to 24 for the mitigating factors before discount for plea. The sentence was quashed and substituted with one of 20 months.