Key Facts
- •Georgia Nicholson (born 7 December 2000) pleaded guilty to wounding with intent (s.18 Offences Against the Person Act 1861) on 13 February 2023.
- •The offence involved a group attack on a taxi driver, Mr Iftikhar, resulting in the loss of one of his eyes.
- •The incident occurred on 15 December 2018, when Nicholson was 18.
- •Nicholson was initially charged in October 2019, with significant delays in the proceedings.
- •The Crown Court at Warwick sentenced Nicholson to 24 months' custody suspended for 2 years, with 10 days of rehabilitation activity and £4000 compensation.
- •The Attorney General referred the sentence as unduly lenient.
- •Nicholson was pregnant at the time of sentencing and gave birth shortly after.
Legal Principles
Sentencing Guidelines for Causing Grievous Bodily Harm with Intent.
Sentencing Guidelines
Youth and immaturity are relevant considerations in sentencing young adults (18-25).
R v Clarke [2018] EWCA Crim 185
Sentencing should consider the impact on dependent children.
R v Petherick [2012] EWCA Crim 2214
Interests of an unborn child can be a factor in reducing a sentence.
R v Cheeseman [2020] EWCA Crim 794
Attorney General's power to refer sentences is unaffected by Goodyear indications.
Goodyear guidelines, paragraph 71
Court will not readily interfere with a judge's decision on whether to suspend a sentence unless plainly wrong.
R v Forest Jameson [2017] EWCA Crim 93
Outcomes
The Court of Appeal allowed the Attorney General's reference.
The original sentence was unduly lenient given the severity of the offence and the harm caused to the victim.
The Court imposed a sentence of 3 years' imprisonment.
This sentence considered the category 1 harm, culpability, aggravating factors (attack on a public service provider, alcohol involvement, group attack), and mitigating factors (age, lack of maturity, good character, delay, compensation, recent childbirth).