Z, R v

Z, R v

The sentence was not manifestly excessive given the opportunistic and impulsive nature of the offence, the fact that penetration occurred three times, and the mitigating factors were properly considered by the Recorder.

Parties
Prosecution: Regina; Appellant: Gianviton Z
Jurisdiction
England and Wales
Judgment Date
21 July 2009
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Sexual Offences, Sentencing, Appeal
Criminal Law Sexual Offences Sentencing Appeal

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 1 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regina

Prosecution

Gianviton Z

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence imposed for assault by penetration was manifestly excessive
  2. 2 Whether sufficient account was taken of mitigating and aggravating factors under the Sentencing Guidelines

Ratio Decidendi

The sentence was not manifestly excessive given the opportunistic and impulsive nature of the offence, the fact that penetration occurred three times, and the mitigating factors were properly considered by the Recorder.

Court Disposition

appeal dismissed

Orders

  • The anonymity of the complainant shall continue.