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R v Thomas

Offences against the person - False imprisonment - Assault occasioning actual bodily harm - Domestic relationship - Relationship collapsed - Appellant resorted to violence - Kicks and punches delivered to body - Complainant five months pregnant - Held for eight hours before release - Similar previous conviction - Sentence of eight years’ imprisonment for false imprisonment with no separate penalty for assault - Sentence manifestly excessive - Five years’ imprisonment following guilty plea appropriate

1 November 2002

The appellant had been in a relationship with the complainant which had recently ended. The complainant called at the appellant’s flat to collect some of her personal belongings. A heated discussion took place about their relationship. When the complainant tried to leave the property the appellant grabbed her by the hair and dragged her away from the door before locking it and hiding the key. The complainant was then kicked in the chin and, as she lay on the floor, was repeatedly kicked in the sides, legs and stomach. She was five months pregnant with the appellant’s child at the time. The complainant was prevented from leaving for the next eight hours. The complainant sustained extensive bruising to her upper and lower body and required treatment for a broken tooth. On 3 May 2002, at the Chester Crown Court before HHJ Rogers, the 38-year-old appellant pleaded guilty to an offence of assault occasioning actual bodily harm. Sentence was adjourned until 14 May 2002 when, before HHJ H...

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