GB, R. v

GB, R. v

It would be wrong in principle to impose an immediate custodial sentence on the appellant given his age at the time of offence, absence of aggravating features, his subsequent blameless life, and the correct application of youth sentencing guidelines.

Parties
Appellant: G. B.; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
06 August 2015
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed; sentences quashed
Legal Topics
Sentencing, Sexual Offences, Incest, Indecent Assault, Youth Offenders, Mitigation
Criminal Law Sentencing Sexual Offences Incest Indecent Assault Youth Offenders Mitigation

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Parties

G. B.

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence imposed was wrong in principle given the appellant's age at the time of offence and delay in prosecution
  2. 2 Appropriate sentencing guidelines for offences committed by a youth over 50 years ago
  3. 3 Consideration of mitigation and victim impact

Ratio Decidendi

It would be wrong in principle to impose an immediate custodial sentence on the appellant given his age at the time of offence, absence of aggravating features, his subsequent blameless life, and the correct application of youth sentencing guidelines.

Court Disposition

appeal allowed; sentences quashed

Orders

  • impose a community penalty for three months on each count concurrent
  • condition of residence at specified address for one week