Sentencing Guidance for Cases of Intentional Strangulation
| Published date | 01 December 2024 |
| DOI | http://doi.org/10.1177/00220183241292469 |
| Author | Nicola Monaghan |
| Date | 01 December 2024 |
Sentencing Guidance for Cases of
Intentional Strangulation
R v Butler (Geoffrey) [2023] EWCA Crim 800
Keywords
Intentional strangulation, assault occasioning actual bodily harm, appeal against sentence,
sentencing guidelines, aggravating factors, not manifestly excessive, additional criminality
The appellant was committed to the Crown Court for sentence after pleading guilty to breaching a non-
molestation order. He had also been summarily convicted of an offence of intentional strangulation and
an offence of assault occasioning actual bodily harm.
These offences all related to incidents involving the appellant’s former partner (the victim). The appel-
lant’s relationship with the victim ended in May 2022 after the birth of their daughter. The victim applied
for a non-molestation order against the appellant which was granted in October 2022. The non-molestation
order contained prohibitions, including that the appellant must not use or threaten violence against the
victim, that he must not instruct, encourage, or in any way suggest that any other person should do so.
The appellant was also prohibited from intimidating, harassing or pestering the victim, and was prohibited
from entering the family home or contacting the victim, other than through her solicitors.
In November 2022, the victim drove to a Tesco Express store with a friend. While they were in the
victim’s car, a Mercedes motor vehicle, in which the appellant was a passenger, pulled up alongside
them. According to the victim, the appellant looked angry, got out of the car and approached the
victim. She drove off and was chased by the appellant to a junction at which she had to stop. The appel-
lant confronted the victim and she contacted the police. He grabbed the rear door, but the victim drove
away. The Mercedes then followed the victim’s car for two minutes.
The victim and appellant reconciled in December 2022 and were in the family home when the offence
of intentional strangulation occurred. The appellant picked up their daughter and took her upstairs. The
victim thought that the appellant had been drinking and asked him to give her the child. He refused to do
so, and when the victim reached out to take the child, the appellant placed his left hand on the victim’s
throat and squeezed it. The victim started coughing and could feel blood rushing to her head. After a
struggle, the appellant pushed the victim to the floor and sat on her. He put her in a headlock. The
victim managed to get to the landing by the stairs and the appellant then pushed her down the stairs.
She struck her head on a wall. The appellant wrapped his legs and arms around the victim and squeezed
her. He eventually left the house.
The appellant was convicted of intentional strangulation and assault occasioning actual bodily harm at
the magistrates’court. He pleaded guilty to breaching a non-molestation order in relation to the earlier
incident. He was then committed to the Crown Court for sentence.
The Recorder sentencing the appellant in the Crown Court did not have a pre-sentence report, but had
read two Victim Personal Statements in which the victim described how she felt scared to go out and
unsafe in her own home. She expressed her concern that the appellant would take steps to steal her daugh-
ter and described feeling physically and emotionally traumatised by the incident. The appellant had
19 convictions for offences including offence against the person, public disorder, and 14 offences for
breaching court orders.
Case Note
The Journal of Criminal Law
2024, Vol. 88(5-6) 401–404
© The Author(s) 2024
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/00220183241292469
journals.sagepub.com/home/clj
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting