Graham, R. v [2024] EWCA Crim 1764 (25 September 2024)

Graham, R. v [2024] EWCA Crim 1764 (25 September 2024)

The sentence of seven years' imprisonment was manifestly excessive in light of the appellant's age at the time of the offence, the passage of time since the offence with no further offending, the need to consider the maximum sentence at the time of the offence, and the factors outlined in R v Green regarding...

Source-derived case information.

Citation
[2024] EWCA Crim 1764
Parties
Prosecution: Rex; Appellant: Michael Ian Graham
Jurisdiction
England and Wales
Judgment Date
25 September 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
sentence reduced
Legal Topics
Sentencing, Sexual Offences, Totality Principle, Historical Offences
Criminal Law Sentencing Sexual Offences Totality Principle Historical Offences

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Parties

Rex

Prosecution

Michael Ian Graham

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of seven years' imprisonment was manifestly excessive given the mitigating factors and the application of the totality principle.

Ratio Decidendi

The sentence of seven years' imprisonment was manifestly excessive in light of the appellant's age at the time of the offence, the passage of time since the offence with no further offending, the need to consider the maximum sentence at the time of the offence, and the factors outlined in R v Green regarding previous sentences for similar offences. The appropriate sentence is five years' imprisonment.

Court Disposition

sentence reduced

Orders

  • Sentence of seven years' imprisonment quashed.
  • Sentence of five years' imprisonment imposed.