G v R

G v R

Section 5 of the Sexual Offences Act 2003 is not incompatible with Article 6.2 of the European Convention on Human Rights; the trial and conviction were procedurally fair. Sentencing under section 5 for consensual intercourse between minors may be disproportionate, and the appropriate sentence in this case is a conditional discharge rather than detention.

Parties
Appellant: G; Respondent: R; Intervener: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
12 April 2006
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; appeal against sentence allowed.
Legal Topics
Strict Liability Offences, Sexual Offences Act 2003, European Convention on Human Rights, Presumption of Innocence, Sentencing of Minors
Criminal Law Human Rights Law Strict Liability Offences Sexual Offences Act 2003 European Convention on Human Rights Presumption of Innocence Sentencing of Minors

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

G

Appellant

R

Respondent

Secretary of State for the Home Department

Intervener

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether section 5 of the Sexual Offences Act 2003 is incompatible with Article 6.2 and Article 8 of the European Convention on Human Rights
  2. 2 Appropriateness of sentencing under section 5 versus section 13 for minors
  3. 3 Whether the conviction and sentence constituted disproportionate interference with respect for private life

Ratio Decidendi

Section 5 of the Sexual Offences Act 2003 is not incompatible with Article 6.2 of the European Convention on Human Rights; the trial and conviction were procedurally fair. Sentencing under section 5 for consensual intercourse between minors may be disproportionate, and the appropriate sentence in this case is a conditional discharge rather than detention.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed.

Orders

  • Sentence quashed and replaced with conditional discharge for 12 months.
  • Notification requirement to end with discharge, and appellant will not be deemed to have had a conviction thereafter.