GO, R v

GO, R v

The sentence of two years' imprisonment was at the top of the sentencing bracket and, while a custodial sentence was warranted due to the seriousness of the offences and the vulnerability of the victim, the sentence should be reduced to 18 months' imprisonment on each count concurrent to reflect the appellant's mental health condition and the circumstances.

Parties
Prosecution: Regina; Appellant: G O
Jurisdiction
England and Wales
Judgment Date
10 June 2010
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sexual Offences, Sentencing, Mental Health and Criminal Responsibility
Criminal Law Sexual Offences Sentencing Mental Health and Criminal Responsibility

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

G O

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of two years' imprisonment was manifestly excessive given the appellant's mental health condition and the circumstances of the offence

Ratio Decidendi

The sentence of two years' imprisonment was at the top of the sentencing bracket and, while a custodial sentence was warranted due to the seriousness of the offences and the vulnerability of the victim, the sentence should be reduced to 18 months' imprisonment on each count concurrent to reflect the appellant's mental health condition and the circumstances.

Court Disposition

appeal allowed in part

Orders

  • Sentence of two years' imprisonment on each count quashed and reduced to 18 months' imprisonment on each count concurrent.