Mr GC
Mr GC was convicted in January 2015, August 2015 and March 2016 of rape, assault by penetration, sexual activity with a child, causing or inciting a child to engage in sexual activity, making indecent photographs of children, and failure to surrender to custody. Mr GC received a total sentence of 15 years six months’ imprisonment.
The CCRC received an application for review of the sentence in March 2021.
Prior to being sentenced, Mr GC spent several months on electronically monitored curfew (“tag”) and was entitled, by law, to have 50% of that time deducted from his sentence.
He also spent time in prison in Hong Kong before being extradited to the United Kingdom and was entitled to have this time deducted from his sentence as well. Unfortunately, the Crown Court did not take those periods of time into account when determining Mr GC’s sentence.
During its review of the case, the CCRC also discovered that the authorities in Hong Kong had not provided consent for Mr GC to be prosecuted for failing to surrender to custody. This makes that conviction unlawful.
The CCRC therefore referred that conviction to the Court of Appeal because there was a real possibility that it would be quashed.
The CCRC did not refer Mr GC’s convictions for sexual offences to the Court of Appeal.
The CCRC referred the conviction and sentence in September 2022.
The Court of Appeal quashed the conviction for failing to surrender to custody in March 2023 and reduced the remaining sentence by 100 days.