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Court of Appeal Reduces Sentence for Racially Aggravated Assaults on Grounds That it Was Manifestly Excessive

On 3rd October 2012 the Court of Appeal (Criminal Division) heard an appeal against sentence by a Defendant who had been convicted of two offences of racially aggravated common assault and one of failing to attend his trial. Kelly Scrivener from Devon Chambers successfully persuaded the Court that the sentence of 19 months was manifestly excessive and it was therefore reduced by the Court of Appeal to one of 13 months. In allowing the appeal Moses LJ commented that although the sentencing guidelines for assault provided comprehensive guidance on aggravating and mitigating factors they were unhelpful in assisting sentencing judges to know the extent by which they ought to adjust the starting point in cases of repeat offenders or racially aggravated crimes.