R v Girmay Andes

R v Girmay Andes

The sentencing judge was entitled to find the victim particularly vulnerable by considering all factors cumulatively, justifying a category 2B classification and an 8-year sentence. The sentence was not manifestly excessive or wrong in principle.

Source-derived case information.

Parties
Prosecutor: Rex; Applicant: Girmay Andes
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome
renewed application for leave to appeal against sentence refused
Legal Topics
Sexual Offences, Sentencing, Appeals
Criminal Law Sexual Offences Sentencing Appeals

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Parties

Rex

Prosecutor

Girmay Andes

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in categorising the rape offence as category 2B rather than 3B under the sentencing guidelines
  2. 2 Whether the sentence imposed was manifestly excessive or wrong in principle

Ratio Decidendi

The sentencing judge was entitled to find the victim particularly vulnerable by considering all factors cumulatively, justifying a category 2B classification and an 8-year sentence. The sentence was not manifestly excessive or wrong in principle.

Court Disposition

renewed application for leave to appeal against sentence refused