Sentence for domestic violence attack doubled after appeal by Attorney General

24 February 2010

At the Court of Appeal today the Attorney General, Baroness Patricia Scotland QC, successfully appealed the sentence of a man who picked up a iron which he had heated and repeatedly held to his wife's face, leaving it on her skin for two to three seconds. He then further attacked her.

Harpal Singh Moore had been sentenced to two and half years' imprisonment after pleading guilty to causing grievous bodily harm with intent to his wife Sabrina Moore. The Court agreed that this was unduly lenient and increased it to five years.

Appearing in this case personally, Baroness Scotland argued that the attack was not simply to injure but also to disfigure and to punish. In those circumstances, the judge had given undue weight to character references provided on behalf of the defendant, which indicated that he had an impeccable character outside of the matrimonial home and to his lack of previous convictions for violence.

After the hearing at London's Court of Appeal the Attorney said:

"This case had all the classic elements of domestic violence. Sentences must send strong messages and even if the sentence had not been increased today I was looking for the Court to provide guidance for future domestic violence cases.

"This man may not have had previous convictions for violence but the background of abuse suffered by his wife should have meant that his sentence should not have been diminished on the basis of his previous good character. Those who perpetrate domestic violence often only demonstrate their violent nature at home."

The Attorney also considered the sentence to be possibly unduly lenient because:

  • The appropriate starting point in the circumstances of this case as identified by the Sentencing Guidelines Council would have been one of at least five years' imprisonment because serious injury was caused and the offence involved the use of a an iron that the offender heated before placing it repeatedly on the victim's face.
  • The guilty plea was offered almost two years after Singh Moore was first charged, thereby subjecting the victim to further stress. In those circumstances, the credit for the guilty plea should have been no more than ten per cent.

The appeal was before Lady Justice Hallett, Mr Justice Ouseley and Mr Justice MacDuff. The Court gave out a clear message to all those involved in the Criminal Justice System that they should pay close attention to the Sentencing Guidelines on Domestic Violence.

Ends

For media enquiries please contact:
The Attorney General's Press Office on 020 7271 2484/2465/2440
Or email: russell.hayes@attorneygeneral.gsi.gov.uk

Notes to editors:

  1. Harpal Singh Moore was charged on 7 October 2007 with causing grievous bodily harm with intent, contrary to section 18 of the Offences against the Person Act 1861.
  2. For various reasons the trial was delayed until 13 July 2009. After the victim attended to give evidence, he pleaded guilty and on 4 September was sentenced to two-and-a-half years' imprisonment by Judge HHJ Walsh sitting in the Crown Court at Wolverhampton.
  3. The number of possible ULS cases considered by the Attorney General varies from year to year but is in the range of 250 - 400. ULS figures for 2008 show that in that year, 80% of the 71 sentences referred by the Law Officers and considered by the Court of Appeal were deemed unduly lenient and 73 % of offenders - 52 - had their sentences increased.