R v Daniel Berriman

This case involved the appeal of Daniel Berriman against his sentence for multiple offences, including racially aggravated assault, criminal damage, and breaches of a restraining order.

TLDR:

• Daniel Berriman was sentenced to 32 months' imprisonment for multiple offences.
• The offences included racially aggravated common assault and harassment.
• The Court of Appeal reduced the total sentence to 28 months.

On 11 October 2023, Daniel Berriman pleaded guilty in the Doncaster Magistrates' Court to seven offences and was committed to the Crown Court for sentencing. On 1 November 2023, in the Crown Court at Sheffield, Mr Recorder Monteith KC imposed sentences for each offence, totaling 32 months' imprisonment. The appellant appealed against the sentence.

The facts of the case began on 1 June 2023, when Dolat Singh, a security guard at Doncaster Royal Infirmary, encountered the appellant who was shouting abuse. Despite Singh's attempts to calm him, Berriman's behavior escalated, leading to a physical altercation where Berriman racially abused and assaulted Singh.

While at the police station, Berriman damaged a telephone, forming the basis of a criminal damage charge. Additionally, he breached a restraining order twice in August 2023 by contacting his former partner, PS, and making threatening remarks.

Further incidents occurred on 17 August 2023 at Doncaster Royal Infirmary, where Berriman was verbally abusive to staff and made racist comments towards another security guard, Cameron McHale. These actions led to charges of common assault and harassment.

At the time of sentencing, Berriman had 52 prior convictions. The Recorder applied sentencing guidelines, considering the racial aggravation element and the principle of totality. The original sentence included 14 months for racially aggravated common assault, among other concurrent and consecutive terms.

On appeal, Ms. Butterell argued that the sentence was excessive, particularly the uplift for racial aggravation and the consecutive sentences for overlapping offences. The Court of Appeal agreed in part, reducing the sentence for racially aggravated common assault to 12 months and quashing the sentences for harassment and common assault, substituting no separate penalties. The total sentence was reduced to 28 months.

The Court emphasized the importance of proportionate sentencing and the need to consider the overall conduct and context of the offences.

Legal representatives: Ms J Butterell for the appellant.

Judicial Panel: Lady Justice Whipple DBE, Mrs Justice Farbey DBE, Mr Justice Wall

Case Citation Reference: [2024] EWCA Crim 574