Green, R. v [2025] EWCA Crim 462 (28 March 2025)
The judge erred in not imposing a suspended sentence order with appropriate conditions, as the appellant's risk of re-offending and rehabilitation prospects would be better managed through a community-based sentence with targeted requirements rather than immediate custody.
- Citation
- [2025] EWCA Crim 462
- Parties
- Prosecution: Rex; Appellant: Michael Green
- Jurisdiction
- England and Wales
- Judgment Date
- 28 March 2025
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal allowed in part; sentence of immediate custody quashed and replaced with suspended sentence
- Legal Topics
- Sexual Offences, Sentencing, Appeal Procedure, Suspended Sentences
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Michael Green
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of immediate custody was manifestly excessive
- 2 Whether the custodial sentence should have been suspended given the appellant's background and risk management
Ratio Decidendi
The judge erred in not imposing a suspended sentence order with appropriate conditions, as the appellant's risk of re-offending and rehabilitation prospects would be better managed through a community-based sentence with targeted requirements rather than immediate custody.
Court Disposition
appeal allowed in part; sentence of immediate custody quashed and replaced with suspended sentence
Orders
- Sentence of 16 months' imprisonment quashed and replaced with 16 months' imprisonment suspended for 24 months
- Appellant must not commit any offence for 24 months
Full Case Text
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