Libby Anderson represented a man charged with two counts of assault occasioning actual bodily harm. The Crown’s case was that he had used a belt in a sustained attack upon his nine year old child on at least two occasions.
This case fell into Category Two of the sentencing guidelines for ABH. The use of a weapon upon a vulnerable child placed it in higher culpability. This rendered the starting point twenty six weeks custody and the range a community order to fifty one weeks.
Despite this, Libby was able to persuade the Judge to impose a conditional discharge. She pointed to the fact that these were instances of excessive chastisement borne out of frustration and loss of temper, rather than an unprovoked attack.
Libby was instructed by Julian Prus of Morgans Solicitors.