SB was sentenced to 4 months’ imprisonment for an offence of Incitement to Common Assault after mitigation by her barrister Robert Newcombe. She had been charged with incitement to cause Grievous Bodily Harm in that she encouraged or incited DS to assault ML. DS in fact murdered ML.
The evidence showed that SB had sent an image of herself and ML in flagrante delicto to DS who she knew to be jealous and violent. She also sent DS messages to the effect that he should “smack” ML.
After discussions between Robert Newcombe and the Crown prosecutor, it was accepted that she did not incite Grievous Bodily Harm or Assault Occasioning Actual Bodily Harm. SB fell to be sentenced for inciting common assault, which was the agreed basis of plea.
As with any incitement case the sentence is limited by statute to the maximum for the substantive offence – in this case 6 months’ imprisonment for Common Assault.
HHJ Ashurst sentenced SB, having previously sentenced DS to a life sentence with a minimum of 22 ½ years’ imprisonment.
Robert Newcombe was instructed by Paul Watson & Co, Solicitors, Middlesbrough.
The case has been widely reported.