CRIMINAL DIVISION
ON APPEAL FROM THE CROWN COURT AT DURHAM
HHJ MARSON KC CP No:11EE0115724
REFERENCE BY THE ATTORNEY GENERAL UNDER
S.36 OF THE CRIMINAL JUSTICE ACT 1988
Strand London WC2A 2LL |
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B e f o r e :
MR JUSTICE SAINI
HIS HONOUR JUDGE LEONARD KC
(Sitting as a Judge of the CACD)
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REX | ||
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WAYNE BRYSON |
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Lower Ground Floor, 46 Chancery Lane, London, WC2A 1JE
Tel No: 020 7404 1400; Email: rcj@epiqglobal.co.uk
(Official Shorthand Writers to the Court)
MR C MCNICHOLAS appeared on behalf of the Offender
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Crown Copyright ©
"All cases will involve 'really serious harm', which can be physical or psychological, or wounding. The court should assess the level of harm caused with reference to the impact on the victim."
"So far as the guidelines are concerned there are clearly matters relating to category A2 ... and A1 ... in my judgment it seems to me that this very much falls on the cusp of both. There is an overlap ... It either falls at the bottom of the range of category A1 or at the top of the range of category A2 ... and that's where I am at the moment, so I would propose to deal with it on that basis that it falls at the top of the range of A2."
"On arrival at hospital the injuries sustained were considered life-threatening. Mr Hunt sustained a hemopneumothorax which had a risk of significant bleeding and required admission to hospital for observation. His stability was only determined after the admission. Any chest stabbing requiring a pre-hospital blood transfusion would be determined life-threatening on arrival to the department."
"Mark Hunt was found to be gravely unwell. He was bleeding heavily and had a very weak pulse. He was losing a great deal of blood and at the scene had to have a hole drilled in his knee in order for him to have a transfusion. Had he not been treated so quickly, the injuries could have been fatal and these injuries were life threatening. It has had a significant effect on him and on his mother, and you have shown no remorse for what you did."
"Doing the very best I can, I take as a starting point for the offence of wounding with intent a sentence of 9 years' imprisonment. I shall reduce that to 8½ years to reflect the matters of mitigation."
Discussion and decision