Smith, R. v [2024] EWCA Crim 30 (16 January 2024)

Smith, R. v [2024] EWCA Crim 30 (16 January 2024)

The sentencing judge did not err in awarding zero credit for the late guilty plea, there was no double counting of previous violence between the rape and coercive control offences, and the totality principle was properly considered. The overall sentence was not excessive.

Source-derived case information.

Citation
[2024] EWCA Crim 30
Parties
Respondent: Rex; Appellant: Henry Smith
Jurisdiction
England and Wales
Judgment Date
16 January 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Rape, Coercive and Controlling Behaviour, Burglary, Credit for Guilty Plea, Totality, Double Counting
Criminal Law Sentencing Rape Coercive and Controlling Behaviour Burglary Credit for Guilty Plea Totality Double Counting

Source-derived case record

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 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Rex

Respondent

Henry Smith

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in not allowing any credit for guilty plea
  2. 2 Whether there was double counting of previous violence in sentencing for rape and coercive control
  3. 3 Whether the totality principle was properly applied

Ratio Decidendi

The sentencing judge did not err in awarding zero credit for the late guilty plea, there was no double counting of previous violence between the rape and coercive control offences, and the totality principle was properly considered. The overall sentence was not excessive.

Court Disposition

appeal dismissed