"This was a serious and sustained attack on a vulnerable lady and there was gratuitous degradation in the forcible removal of her underwear"
So said the judge, Mr Recorder Smith, in his sentencing remarks. The maximum sentence for ABH is five years. Quite how Mr Recorder Smith got this sentence down to around a quarter of that is difficult to fathom. From the description it clearly falls into the highest category of seriousness (as confirmed by the judge’s remarks). The “starting point” for such an offence is eighteen months. This offence clearly warrants more than the starting point and the normal sentencing range goes up to three years. Again using the description the judge may feel fully justified in going beyond the normal range as this was clearly not a “normal” example of ABH. The victim must have been absolutely petrified. I should think four years would be nearer the mark but the offence was admitted so a full one third discount must be allowed for a guilty plea. That would bring the sentence down to 32 months (still inadequate in my view, but about the best that can be expected under the guidelines).
Incidentally, this outstanding example of mankind will not serve eight months. Provided he has a suitable address to go to he will almost certainly qualify for “Home Detention Curfew”. Prisoners sentenced to sixteen months are normally released under HDC after serving just four months (less, of course, any time they may have spent in custody on remand).