In an offence contrary to s.18 Offences Against the Person Act 1861: Wounding with Intent; when it came to the assessment and categorisation of harm and the determination of whether injury was permanent or temporary, where the victim impact statement was unsigned and undated and in the absence of medical evidence, it was not open to a judge to find that an injury was permanent and rely on this to elevate an offence from a category 2 to a category 1 level of harm.
The sentence of 5 years detention for a 15 year old, of previous good character, who had handed a friend a machete that was used to stab the victim once in the thigh, resulting in him having to use a stoma bag for an unknown length of time, was quashed and substituted with one of 3 years and 50 weeks (4 years less 15 days spent in Local Authority Accommodation)