FG, R. v [2022] EWCA Crim 1779 (16 December 2022)

FG, R. v [2022] EWCA Crim 1779 (16 December 2022)

The sentence, though lenient and based on an incorrect categorisation of culpability and harm, was not so outside the norms of sentencing as to be unduly lenient; nor was it manifestly excessive. The judge gave due weight to all circumstances, including mitigation and aggravation.

Citation
[2022] EWCA Crim 1779
Parties
Prosecution: Rex; Offender: FG
Jurisdiction
England and Wales
Judgment Date
16 December 2022
Procedural Posture
Criminal Appeal and Attorney General's Reference / Court of Appeal Judgment on Reference for Unduly Lenient Sentence and Offender's Application for Leave to Appeal Sentence
Outcome
Reference granted but dismissed on merits; leave to appeal sentence refused.
Legal Topics
Sentencing, Assault Occasioning Grievous Bodily Harm, Unduly Lenient Sentence, Manifestly Excessive Sentence, Youth Justice and Criminal Evidence Act Reporting Restrictions
Criminal Law Sentencing Assault Occasioning Grievous Bodily Harm Unduly Lenient Sentence Manifestly Excessive Sentence Youth Justice and Criminal Evidence Act Reporting Restrictions

Case Brief

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Parties

Rex

Prosecution

FG

Offender

Procedural Posture

Criminal Appeal and Attorney General's Reference / Court of Appeal Judgment on Reference for Unduly Lenient Sentence and Offender's Application for Leave to Appeal Sentence

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient under section 36 Criminal Justice Act 1988
  2. 2 Whether the sentence was manifestly excessive

Ratio Decidendi

The sentence, though lenient and based on an incorrect categorisation of culpability and harm, was not so outside the norms of sentencing as to be unduly lenient; nor was it manifestly excessive. The judge gave due weight to all circumstances, including mitigation and aggravation.

Court Disposition

Reference granted but dismissed on merits; leave to appeal sentence refused.

Orders

  • Leave granted on the Attorney General's Reference.
  • Reference dismissed on full merits.