Lee, R. v [2024] EWCA Crim 1495 (27 September 2024)
Given the seriousness of the offending, including the use of violence, the vulnerability of the victim, the impact on the complainant, and aggravating features such as previous convictions and breach of a suspended sentence, the notional 9-year sentence after trial was not manifestly excessive; the appeal is dismissed.
- Citation
- [2024] EWCA Crim 1495
- Parties
- Prosecution: Rex; Appellant: Jacob Lee
- Jurisdiction
- England and Wales
- Judgment Date
- 27 September 2024
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal dismissed
- Legal Topics
- Kidnapping, Intentional Strangulation, Sentencing, Extended Sentence, Dangerousness, Sexual Offences, Youth Justice
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Jacob Lee
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the custodial element of the extended sentence imposed for kidnapping and intentional strangulation was manifestly excessive
- 2 Appropriate sentencing approach for kidnapping with aggravating features and no sentencing guidelines
Ratio Decidendi
Given the seriousness of the offending, including the use of violence, the vulnerability of the victim, the impact on the complainant, and aggravating features such as previous convictions and breach of a suspended sentence, the notional 9-year sentence after trial was not manifestly excessive; the appeal is dismissed.
Court Disposition
appeal dismissed
Orders
- Extended sentence of 11 years (7 years custodial, 4 years extended licence) upheld
- 3-year concurrent sentence for intentional strangulation upheld
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