Nicholson, R. v [2023] EWCA Crim 1086 (04 August 2023)

Nicholson, R. v [2023] EWCA Crim 1086 (04 August 2023)

The original sentence was unduly lenient as it failed to apply the Sentencing Guidelines for s.18 offences, misapplied the law on suspended sentences, and gave excessive mitigation. The appropriate sentence, after considering all mitigating factors and the interests of the offender's child, is 3 years' immediate imprisonment.

Citation
[2023] EWCA Crim 1086
Parties
Prosecution: Rex; Offender/respondent: Georgia Nicholson
Jurisdiction
England and Wales
Judgment Date
04 August 2023
Procedural Posture
Criminal Appeal (attorney General's Reference) / Sentence Review Under S.36 Criminal Justice Act 1988
Outcome
Reference allowed; original sentence quashed; substituted with 3 years' immediate imprisonment.
Legal Topics
Sentencing, Wounding With Intent (s.18 Offences Against the Person Act 1861), Unduly Lenient Sentences, Goodyear Indications, Mitigation (age, Delay, Pregnancy)
Criminal Law Sentencing Wounding With Intent (s.18 Offences Against the Person Act 1861) Unduly Lenient Sentences Goodyear Indications Mitigation (age, Delay, Pregnancy)

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Parties

Rex

Prosecution

Georgia Nicholson

Offender/respondent

Procedural Posture

Criminal Appeal (attorney General's Reference) / Sentence Review Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the original suspended sentence was unduly lenient for an offence of wounding with intent causing permanent injury
  2. 2 Proper application of Sentencing Guidelines for s.18 offences
  3. 3 Appropriate consideration of mitigating factors including age, delay, pregnancy, and compensation

Ratio Decidendi

The original sentence was unduly lenient as it failed to apply the Sentencing Guidelines for s.18 offences, misapplied the law on suspended sentences, and gave excessive mitigation. The appropriate sentence, after considering all mitigating factors and the interests of the offender's child, is 3 years' immediate imprisonment.

Court Disposition

Reference allowed; original sentence quashed; substituted with 3 years' immediate imprisonment.

Orders

  • Original suspended sentence quashed
  • Georgia Nicholson to serve 3 years' immediate imprisonment