Judge demands answers over low-level charge after masked man savagely beat woman in Leeds shop
Judge says Crown’s decision is “not good enough”
A judge has criticised a decision to charge a man with just battery after a sustained assault on a woman in a shop in which he wore a balaclava and punched her multiple times.
The Crown Prosecution Service (CPS) opted for assault by beating for the incident in Beeston, but Judge Christopher Batty said he should have faced offences carrying a greater punishment.
Presiding over the sentencing hearing at Leeds Crown Court this week, he suggested Lewis Morley could have faced ABH or affray.
Judge Batty told the court: “It’s not good enough. I want a written explanation from the CPS about why this charge was chosen.
“Why is this a battery given the appalling conduct in the shopping centre in Beeston?”
He admitted he was “hamstrung” by the sentencing guidelines for assault, which attracts a maximum 12-month jail sentence.
The court heard that on October 29, Morley had seen the woman whom he knew in a shop, so put on a balaclava and attacked her, punching her several times.
After later getting into a taxi with her, he continued to punch her.
Although no details were disclosed in court about previous convictions, Judge Batty commented that Morley “has form for punching girls”.
Morley, 26, admitted the assaulting by beating, three counts of criminal damage and escaping lawful custody - having fled from police on his arrest. He was found hiding a friend’s address.
Mitigating, Michael Walsh said Morley, who had lived in Harrogate but was now of no fixed address, has “some insight into the issues he has” and said he admitted he made “bad decisions”.
Judge Batty said the dilemma was that with Morley have spent so long on remand, and with only a 12-month jail as the maximum option, he would be freed in a matter of weeks.
He gave him the 12-month sentence, but suspended it for 18 months, meaning Morley will have the remainder of the sentence hanging over him.
He also ordered him to complete 15 rehabilitation days with probation and a 26-session domestic violence awareness programme.
Morley was also given a 10-year restraining order to keep him away from the victim.