R v Dalton Jefferies
[2023] EWCA Crim 21
R v Levi George
14 September 2023
[2023] EWCA Crim 1492
Court of Appeal
A dad severely hurt his baby daughter. The judge gave him nine years in jail, but the higher court thought that wasn't enough punishment for such a terrible crime, so they added three more years to his sentence.
Key Facts
- •Levi George was sentenced to nine years' imprisonment for causing grievous bodily harm with intent (section 18 Offences against the Person Act 1861) and concurrent two years for cruelty to a person under 16 (section 1(1) Children and Young Persons Act 1933).
- •The victim was his daughter, XY, who suffered multiple severe injuries, including broken bones and head injuries, during two separate incidents.
- •The judge considered several aggravating factors, including the offender being on licence, abusing his position of power, and failing to seek medical help for XY.
- •The offender maintained his innocence throughout the proceedings.
- •The Attorney General referred the sentence under section 36 of the Criminal Justice Act 1988 as unduly lenient.
Legal Principles
A sentence is only unduly lenient if it falls outside the range a judge might reasonably consider appropriate.
Attorney General's Reference (R v Azad) [2021] EWCA Crim 1846
The Court of Appeal's role is not to re-decide the sentence, but to consider whether there was a 'gross error'. Mercy is not a vice.
Attorney General's Reference (No 4 of 1989) (1990) 90 Cr App R 366
The principle of totality must be considered when sentencing for multiple offences, ensuring the overall sentence is just and proportionate.
Sentencing Council guidelines on totality
Outcomes
The Court of Appeal granted the Attorney General's application.
The nine-year sentence was unduly lenient given the severity of the injuries inflicted and aggravating factors. The court increased the sentence for grievous bodily harm with intent to 12 years, maintaining the concurrent two-year sentence for child cruelty.