Unusually Long Sentence ?

[mikey4444]

http://www.bbc.co.uk/news/uk-england-kent-25985760

I don't know much about this case, other than what is contained in the BBC link but the sentence seems quite long. Don't get me wrong...this idiot deserves all that is coming to him but we seem to have got used to very lenient sentences these days and this makes a pleasant change,

[jno]

sentences have to be graded somehow. So it might have been less if his victim hadn't suffered brain damage, it might have been more if he'd died, even though his actual behaviour would have been the same. Can't summon up much sympathy for him either way.

[andy-hughes]

I would suggest it is not just the offence of Causing Grievous Bodily Harm, but the fact that his poor victim has possible permanent brain damage - which would justify such a long jail term - and a fifteen-year-driving ban when he comes out on top of that.

[sir.prize]

His actions were premeditated by covering his registration with tape. He intended to cause injury and deserves the harshest sentence possible.

[andy-hughes]

My post and jno's post crossed - but it seems we view the sentence in the same way.

[ummmm]

I don't think it's lenient. He drove for half a mile with his victim on the bonnet.

[jake-the-peg]

Well there are a number of factors the judge will consider such as the harm done and intent.

Sounds to me very lucky not to have been charged with attempted murder

This looks like a category 1 offence

http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/wounding_or_inflicting_grievous_bodily_harm_with_intent/

We also don't see here what his previous record is

Sounds roughly in line with:

Walsh [2012] EWCA Crim 1276
Main victim confined to a wheelchair, many other consequences, attempted robbery, aggravating features. The sentencing judge treated appellant as being of good character, fixed sentence at 18 years (above the top of category 1 range), gave full credit for guilty plea, and set the minimum IPP term at six years. Sentence upheld.

[EdmundD]

Not a minimum sentence, though, so I suppose he could be out in 5 years, though he's probably going to break the terms of his release and go back in again. There's that irritating word "concurrently" again........

[jno]

I imagine the masking tape was premeditating the fuel theft rather than the attack, unless there was any evidence showing otherwise.

[sir.prize]

jno - I was merely quoting the CPS Advocate who said ''found guilty of intending to cause those injuries."

[FredPuli43]

Lenient sentences these days? Whatever gave you that idea? We get patently misunderstood sentences; the kind that the Daily Mail ignorantly trumpets; but in the 1970s this man would have got 4 years. The 'tariff' has been raised a lot.

He'll appeal 11 years, but he may not get very far. The injuries were severe, appear permanent, there was some premeditation,he used a car as a weapon, and the crime was 'in the course' of theft (years ago you were hanged for murder in the course of theft; it was one of the exceptions to the death penalty's abolition; and the courts still treat it sas aggravating). And , it seems, he fought it so gets no credit for a plea. We don't know what his previous is, but that may not make much difference, given the severity of the offence.

[FredPuli43]

You would never get home on attempted murder because there is no evidence that he intended to kill the victim. But , seeing as he can get life for s18, there's no point in such niceties.

[mikey4444]

Something that has just occurred to me. He was given 11 years in jail, plus another year, and he was also banned from driving for 15 years. As he will not be in a position to drive anywhere for the next 12 years.

Does this mean that that he can apply for his licence back 3 years after he gets out of jail ? Shouldn't the driving ban start when he leaves jail, which with remission, could be less than the 12 years max ?

[sir.prize]

Mikey - he has 11 years - concurrent means at the same time. Pity it wasn't a minimum of 20 years.

[mikey4444]

Thanks sir...missed that.

[ToraToraTora]

5.5 years seems too little if you ask me.

[Gromit]

15 years banned from driving. When he is locked up for 11 years.

So a 4 year driving ban really.