Greenwood, R. v [2024] EWCA Crim 1611 (17 December 2024)

Greenwood, R. v [2024] EWCA Crim 1611 (17 December 2024)

The sentence of 18 months' imprisonment was manifestly excessive for a category 3B sexual assault, even accounting for aggravating factors. The appropriate sentence, considering the appellant's breach of licence and aggravating features, is 13 weeks' imprisonment.

Citation
[2024] EWCA Crim 1611
Parties
Prosecution: R; Appellant: Christopher Francis Greenwood
Jurisdiction
England and Wales
Judgment Date
17 December 2024
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
appeal allowed
Legal Topics
Sexual Assault, Sentencing, Appeal Procedure
Criminal Law Sexual Assault Sentencing Appeal Procedure

Case Brief

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Parties

R

Prosecution

Christopher Francis Greenwood

Appellant

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the sentence of 18 months' imprisonment for sexual assault was manifestly excessive given the Sentencing Council's guidelines and aggravating factors.

Ratio Decidendi

The sentence of 18 months' imprisonment was manifestly excessive for a category 3B sexual assault, even accounting for aggravating factors. The appropriate sentence, considering the appellant's breach of licence and aggravating features, is 13 weeks' imprisonment.

Court Disposition

appeal allowed

Orders

  • Sentence of 18 months' imprisonment quashed
  • Substitute sentence of 13 weeks' imprisonment