Ann Tayo is successful in the Court of Appeal following submissions pertaining to her client’s mental Health (ADHD) and immaturity at age 18 and the fact he had been sentenced outside the sentencing range. A sentence of 7 years and 2 months for category 3A s.18 GBH was quashed and replaced with one of 5 years and 4 months.
The Court of Appeal, whilst accepting that this was a horrific attack and a Category A offence with aggravating features with the appellant going to his sister’s house with a machete, the threat of reprisals, as well as possession of the victim’s car, disagreed with the sentencing judge that he should go so far outside the guidelines of a 4 to 7 year category range. The appellant, who had one previous single offence of battery, was just 18 at the time of the offence and 20 at sentence. He had made progress in custody and had pleaded guilty relatively early, thereby affording him 20% credit.