George, R. v [2024] EWCA Crim 889 (10 May 2024)
The Recorder erred in elevating the offence to category 2A based solely on unproven allegations of previous violence, contrary to the principles that sentences must be based on proven facts. The appropriate categorisation was 2B, warranting a sentence at the top of that range.
- Citation
- [2024] EWCA Crim 889
- Parties
- Prosecution: Rex; Applicant: Connor George
- Jurisdiction
- England and Wales
- Judgment Date
- 10 May 2024
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal allowed in part
- Legal Topics
- Sentencing, Rape, Possession of Bladed Article, Appeal Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Connor George
Applicant
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence for rape was manifestly excessive
- 2 Whether the sentencing judge erred in categorising the offence as category 2A based on unproven allegations of previous violence
Ratio Decidendi
The Recorder erred in elevating the offence to category 2A based solely on unproven allegations of previous violence, contrary to the principles that sentences must be based on proven facts. The appropriate categorisation was 2B, warranting a sentence at the top of that range.
Court Disposition
appeal allowed in part
Orders
- Sentence of ten years' imprisonment for rape quashed and replaced with nine years' imprisonment
- Consecutive term of one year's imprisonment for possession of bladed article remains
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