GB, R v

GB, R v

The custodial sentence of 13 years was not manifestly excessive given the seriousness and aggravating features of the offences. However, the imposition of a six-year extended licence period was not appropriate in light of the overall sentence and the period of licence that would follow release without extension. The appeal was allowed in respect of the extended sentence, which was set aside.

Parties
Prosecutor: Regina; Appellant: G. B.
Jurisdiction
England and Wales
Judgment Date
17 January 2005
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part
Legal Topics
Sentencing, Sexual Offences, Extended Sentences, Abuse of Trust
Criminal Law Sentencing Sexual Offences Extended Sentences Abuse of Trust

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

G. B.

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for rape and indecent assault was manifestly excessive
  2. 2 Whether the imposition and length of the extended licence period was justified

Ratio Decidendi

The custodial sentence of 13 years was not manifestly excessive given the seriousness and aggravating features of the offences. However, the imposition of a six-year extended licence period was not appropriate in light of the overall sentence and the period of licence that would follow release without extension. The appeal was allowed in respect of the extended sentence, which was set aside.

Court Disposition

Appeal allowed in part

Orders

  • The extended six-year period of supervision in respect of count 45 is set aside.
  • The sentence is now nine years' imprisonment for count 45, consecutive to four years for count 38, totaling 13 years.