Gezi, R. v

Gezi, R. v

The original sentence failed to properly reflect the totality and seriousness of the multiple sexual offences committed by the offender, particularly given the abuse of trust, grooming, and psychological harm to the victim. The appropriate sentence after credit for a late guilty plea is 10 years' imprisonment on each count, concurrent.

Parties
Offender: Givemore Tonderei Gezi; Applicant: Attorney General
Jurisdiction
England and Wales
Judgment Date
21 February 2019
Procedural Posture
Criminal Reference / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
appeal allowed; sentence increased
Legal Topics
Sexual Offences, Sentencing, Abuse of Trust, Unduly Lenient Sentence, Sexual Activity With a Child, Sexual Activity by Care Worker
Criminal Law Sexual Offences Sentencing Abuse of Trust Unduly Lenient Sentence Sexual Activity With a Child Sexual Activity by Care Worker

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Parties

Givemore Tonderei Gezi

Offender

Attorney General

Applicant

Procedural Posture

Criminal Reference / Appeal Against Sentence Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the original sentence was unduly lenient
  2. 2 Proper approach to sentencing for multiple sexual offences involving a child and a person with a mental disorder by a care worker
  3. 3 Application of sentencing guidelines to multiple incident counts

Ratio Decidendi

The original sentence failed to properly reflect the totality and seriousness of the multiple sexual offences committed by the offender, particularly given the abuse of trust, grooming, and psychological harm to the victim. The appropriate sentence after credit for a late guilty plea is 10 years' imprisonment on each count, concurrent.

Court Disposition

appeal allowed; sentence increased

Orders

  • Leave to refer granted to Attorney General
  • Original sentences quashed