Green, R. v

Green, R. v

The total sentence imposed was excessive due to the consecutive nature of the sentences; the offences constituted a course of conduct and should have been sentenced concurrently. A total sentence of 30 months' imprisonment, achieved by passing concurrent sentences on both counts, was appropriate.

Parties
Prosecution: Regina; Appellant: Nicholas John Green
Jurisdiction
England and Wales
Judgment Date
06 December 2006
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed
Legal Topics
Sentencing, Sexual Offences, Appeal Procedure, Totality Principle

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Nicholas John Green

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

  1. 1 Whether the total sentence imposed was manifestly excessive
  2. 2 Whether sentences should have been concurrent or consecutive

Ratio Decidendi

The total sentence imposed was excessive due to the consecutive nature of the sentences; the offences constituted a course of conduct and should have been sentenced concurrently. A total sentence of 30 months' imprisonment, achieved by passing concurrent sentences on both counts, was appropriate.

Court Disposition

Appeal allowed

Orders

  • Total sentence reduced to 30 months' imprisonment, to be served as 30 months concurrent on both counts 1 and 2