An appeal against a 27-month jail sentence handed down for GBH has been rejected.
Carl Dean Glover, aged 30, appealed his jail term, passed by Deemster Graeme Cook in March, after he pleaded guilty to inflicting grievous bodily harm.
Glover sought a review of his sentence saying it was ’so excessive as to appear there has been a failure to apply the right legal principles’.
He had pleaded guilty to the offence when he appeared before the Court of General Gaol Delivery.
In the judgment report, it is said the victim had visited the home of his former girlfriend at her invitation.
Glover arrived with another man and subsequently punched the victim in the face. He continued the attack by throwing the victim to the floor and kicked him in the face.
When his victim went to stand, the other man punched him in the face. He was then kicked in the face a further six times by the two men. He suffered three fractures to his cheekbone just below the eye, facial bruising and swelling.
Deemster Cook sentenced Glover to 27 months (two-years-and-three-months) custody. However, defence advocate Ian Kermode said this was ’manifestly excessive’.
Mr Kermode gave three reasons for this, firstly that Deemster Cook should’ve made two-and-a-half-years as his starting point for the sentence and then given Glover full credit for his early guilty plea.
Full credit would have earned him a one-third reduction in his sentence.
According to Mr Kermode, Deemster Cook ’made no reduction in sentence to reflect the appellant’s other mitigation - he only reduced his starting point of 36 months’ custody by 25% for the plea to one of 27 months custody’.
Mr Kermode said the sentence should have been no more than 21 months custody.
However, Judge of Appeal Jeremy Storey QC and Deemster Alastair Montgomerie said Deemster Cook’s starting point of three years was ’far from inappropriate’.
They added: ’In our judgment a sentencing Deemster’s starting point could have been 3.25 to 3.5 years’ custody.
’With a one-third discount for plea and a further nominal deduction for other mitigation a sentence of 27 months’ custody was not outside the norm of sentencing generally applied by the Isle of Man courts in cases of inflicting grievous bodily harm, particularly when no action was being taken in relation to this offence having been committed during the currency of his original sentence of 50 months’ custody imposed on September 18, 2015 for wounding with intent.’
They refused Glover permission to appeal against his sentence. The appeal is therefore dismissed.