Alex Ryle succeeds on appeal in arguing to the Court of Criminal Appeal that a sentence of 22 months custody imposed for a single offence of s.20 Grievous Bodily Harm (GBH) was manifestly excessive.
As a result of an unprovoked assault in the workplace, the victim suffered a broken ankle and nose, and ongoing psychological issues requiring therapy. In a long and detailed impact statement, read by the victim to the Court, supported by medical evidence, the victim described the ongoing effects.
In particular, he told the Court that the broken ankle had reduced his mobility; his ability to work and exercise; his social opportunities; and the fact that he had been forced to move back in with his parents for care. The victim also suffered the ongoing effects of breathing issues as a result of the broken nose.
The sentencing judge found that the injuries were permanent and irreversible and had a substantial and long-term effect on the victim’s ability to carry out his normal day-to-day activities or his ability to work and placed the offence into Harm Category 1.
Alex Ryle argued on appeal that the Judge had erred. The Court of Appeal agreed, commending Alex Ryle’s “conspicuously able submissions” and importantly observing that “The third category 1 factor ‘permanent and irreversible condition having a substantial impact. . . should be read in the context of the second factor that ‘injury results in physical or psychological harm resulting in lifelong dependency on third party care or medical treatment.’ Moreover, category 2 contemplates grave injury where the offence results in permanent or irreversible harm not within category 1 i.e. there are effects but not of the order contemplated by category 1.”
The Court of Appeal duly quashed the sentence and substituted one of 16 months custody.
