G, R v

G, R v

Given the appellant's age, immaturity, lack of previous convictions, and personal circumstances, the original sentence of four years was excessive; a sentence of three years' detention is appropriate and proportionate.

Parties
Prosecution: Regina; Appellant: G
Jurisdiction
England and Wales
Judgment Date
06 February 2009
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
sentence reduced on appeal
Legal Topics
Rape of a Child, Sexual Assault, Sentencing of Juveniles
Criminal Law Juvenile Justice Rape of a Child Sexual Assault Sentencing of Juveniles

Case Brief

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Parties

Regina

Prosecution

G

Appellant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the sentence of four years' detention for rape and sexual assault of a child under 13 by a juvenile was manifestly excessive
  2. 2 Appropriate consideration of the appellant's age, immaturity, and lack of previous convictions in sentencing

Ratio Decidendi

Given the appellant's age, immaturity, lack of previous convictions, and personal circumstances, the original sentence of four years was excessive; a sentence of three years' detention is appropriate and proportionate.

Court Disposition

sentence reduced on appeal

Orders

  • Sentences of four years' detention for rape quashed and substituted with concurrent sentences of three years' detention
  • Total sentence reduced to three years' detention