ON APPEAL FROM
THE CROWN COURT AT STOKE-ON -TRENT
His Honour Judge Meegan
21GS1175124
Strand, London, WC2A 2LL |
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B e f o r e :
MRS JUSTICE TIPPLES
and
MRS JUSTICE STACEY
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REX |
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- and - |
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PHILIP HUMPHREYS |
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REFERENCE BY THE ATTORNEY GENERAL UNDER S.36 OF THE CRIMINAL JUSTICE ACT 1988 |
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Mr Martin Bloor appeared on behalf of the Respondent Offender
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Crown Copyright ©
Lord Justice Stuart-Smith:
The facts
Victim personal statements
The proceedings
Antecedents
i) in 2016 inflicting grievous bodily harm, an offence for which he was sentenced to 24 months' imprisonment suspended for 24 months;
ii) in 2021 an offence of criminal damage, for which he was given a conditional discharge for 2 years.
The grievous bodily harm offence in 2016 was committed against a former partner who was then his wife. The offender had been drinking and returned home intoxicated. He assaulted his partner, causing a fracture to her skull. As we have said, he received a suspended sentence of 24 months suspended for 2 years for that offence. According to the pre-sentence report, that sentence was completed successfully with no breaches.
The PSR
The sentencing hearing
i) One was from the offender's mother, who spoke of a troubled childhood, during which he had witnessed her being abused by her husband, and that he is now in a far better place with his addictions and getting help and is a doting stepfather who is kind and caring to his current partner.
ii) One was from an old army colleague who had "witnessed terrible things which ... still plays on our minds to this day"
iii) The third was from a psychologist, for whom the offender is a client, and who spoke of the steps taken by the offender to address his gambling and other addictive behaviour and of his willingness to change.
The sentencing remarks
"Do I consider there is a realistic prospect of rehabilitation in your case, is what it comes down to, Mr Humphreys? I do, but it is just about, and from my say, Mr Humphreys, the court today has been rather lenient. I order you to undertake 200 hours' unpaid work, a rehabilitation activity requirement for 25 days. I'm not ordering the alcohol abstinence monitoring requirement because this is binge drinking, drinking to excess rather than as alcohol dependency daily."
The Attorney General's submissions
The offender's submissions
Discussion and resolution