George, R. v [2023] EWCA Crim 1492 (14 September 2023)

George, R. v [2023] EWCA Crim 1492 (14 September 2023)

The original sentence of nine years' imprisonment for causing grievous bodily harm with intent was unduly lenient given the seriousness of the offence, the aggravating factors, and the need to reflect the overall gravity of the offending. The appropriate sentence was 12 years' imprisonment, with the sentence for child cruelty remaining at two years concurrent.

Citation
[2023] EWCA Crim 1492
Parties
Prosecutor: Rex; Offender: Levi George
Jurisdiction
England and Wales
Judgment Date
14 September 2023
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 of the Criminal Justice Act 1988
Outcome
Sentence increased on appeal
Legal Topics
Unduly Lenient Sentences, Sentencing Guidelines, Grievous Bodily Harm, Child Cruelty, Totality Principle
Criminal Law Unduly Lenient Sentences Sentencing Guidelines Grievous Bodily Harm Child Cruelty Totality Principle

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Parties

Rex

Prosecutor

Levi George

Offender

Procedural Posture

Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 of the Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed for causing grievous bodily harm with intent and child cruelty was unduly lenient
  2. 2 Proper application of sentencing guidelines and totality principle

Ratio Decidendi

The original sentence of nine years' imprisonment for causing grievous bodily harm with intent was unduly lenient given the seriousness of the offence, the aggravating factors, and the need to reflect the overall gravity of the offending. The appropriate sentence was 12 years' imprisonment, with the sentence for child cruelty remaining at two years concurrent.

Court Disposition

Sentence increased on appeal

Orders

  • Application for leave to refer sentence granted
  • Sentence of nine years' imprisonment on section 18 count quashed and substituted with 12 years' imprisonment