R v Connor George

R v Connor George

The sentencing judge erred in elevating the offence to category 2A based solely on unproven allegations of previous violence, which had resulted in not guilty verdicts. The appropriate categorisation was 2B, and the sentence should be reduced accordingly.

Parties
Prosecutor: Rex; Applicant: Connor George
Jurisdiction
England and Wales
Judgment Date
29 July 2024
Procedural Posture
Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Sentence
Outcome
appeal allowed in part; sentence reduced
Legal Topics
Rape, Sentencing, Appeal Against Sentence, Bladed Article Offence

Case Brief

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Parties

Rex

Prosecutor

Connor George

Applicant

Procedural Posture

Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Sentence

  1. 1 Whether the sentence for rape was manifestly excessive
  2. 2 Whether the sentencing judge erred in categorising the offence as category 2A based on unproven allegations of previous violence

Ratio Decidendi

The sentencing judge erred in elevating the offence to category 2A based solely on unproven allegations of previous violence, which had resulted in not guilty verdicts. The appropriate categorisation was 2B, and the sentence should be reduced accordingly.

Court Disposition

appeal allowed in part; sentence reduced

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 unaltered