Green v R.

Green v R.

The sentencing judge erred by refusing to take into account the previous custodial sentence solely on the basis of the gravity of the instant offences. The proper approach requires consideration of all relevant circumstances, including overlap in time, similarity of offences, and whether the offender could have...

Source-derived case information.

Parties
Appellant: Michael Green; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
20 February 2019
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part; sentence reduced
Legal Topics
Sentencing, Historical Sexual Offences, Totality Principle, Abuse of Trust, Sexual Offences (amendment) Act 1992
Criminal Law Sentencing Historical Sexual Offences Totality Principle Abuse of Trust Sexual Offences (amendment) Act 1992

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Parties

Michael Green

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred by failing to take into account a previous custodial sentence for similar offences when sentencing for new offences that overlapped in time and nature
  2. 2 Whether the total sentence imposed was manifestly excessive in light of the previous sentence

Ratio Decidendi

The sentencing judge erred by refusing to take into account the previous custodial sentence solely on the basis of the gravity of the instant offences. The proper approach requires consideration of all relevant circumstances, including overlap in time, similarity of offences, and whether the offender could have disclosed all offences earlier. In this case, some allowance should have been made for the previous sentence, and the total sentence was reduced accordingly.

Court Disposition

Appeal allowed in part; sentence reduced

Orders

  • Sentence reduced from 12 years to 10 years by making the sentence for counts 15-18 concurrent rather than consecutive