G, R v [2009] EWCA Crim 265 (6 February 2009)

G, R v [2009] EWCA Crim 265 (6 February 2009)

Given the appellant's age, immaturity, lack of previous convictions, and other mitigating factors, a sentence of four years' detention was excessive; a sentence of three years' detention is appropriate.

Citation
[2009] EWCA Crim 265
Parties
Prosecution: Regina; Appellant: G
Jurisdiction
England and Wales
Judgment Date
06 February 2009
Procedural Posture
Criminal Appeal / Sentencing Appeal
Outcome
sentence reduced on appeal
Legal Topics
Rape of a Child Under 13, Sexual Assault of a Child Under 13, Sentencing of Juveniles
Criminal Law Juvenile Justice Rape of a Child Under 13 Sexual Assault of a Child Under 13 Sentencing of Juveniles

Case Brief

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Parties

Regina

Prosecution

G

Appellant

Procedural Posture

Criminal Appeal / Sentencing Appeal

Legal Issues

  1. 1 Whether the sentence of four years' detention for a 14-year-old convicted of rape and sexual assault of a child under 13 was manifestly excessive

Ratio Decidendi

Given the appellant's age, immaturity, lack of previous convictions, and other mitigating factors, a sentence of four years' detention was excessive; a sentence of three years' detention is appropriate.

Court Disposition

sentence reduced on appeal

Orders

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