Peter Tomkins has been sentenced to 10 years imprisonment, with an extended licence period of 5 years for committing grievous bodily harm, with intent, on his 75 year-old mother.
The details of the offence are sparse, and we are reliant on news reports for our information. The attack is said to have been carried out in Tomkins’s mother’s home, and in committing the offence Tomkins broke his own ankle and hand. He is said to have been under the influence of drugs and alcohol. Tomkins’s defence barrister claimed that the attack was not pre-meditated, and that Tomkins suffered from mental illness and is under the care of a psychiatrist.
It appears that Tomkins pleaded guilty to a lesser offence of assault, possibly that of s.20 (GBH without intent), as it seems his mother was not required to give evidence at trial. If this was the case then the only matter for the jury to decide was whether or not really serious harm was intended, or whether Tomkins was reckless to the possibility of really serious harm being caused.
Judge Michael Cullum, sitting at Worcester Crown Court, sentenced Tomkins to 10 years imprisonment for the offence, with an extended licence period of 5 years. Tomkins pleaded not guilty to the charge and went to trial on the matter, therefore could receive no credit for a guilty plea. The Judge appears to have put the offence in the highest category of the sentencing guidelines, category 1, which has a starting point of 12 years imprisonment, and a range of 9 to 16 years. The aggravating features would have included the location of the offence (in the victim’s home) and the fact that the offence was committed whilst Tomkins was under the influence of drugs and alcohol, knowing, presumably, that these would affect his prescribed medication. The mitigating features would have included his mental health at the time of the offence and the fact that he did not require the victim to give evidence.
An analysis of extended sentences can be found here.