Leaver, R. v, Court of Appeal - Criminal Division, November 10, 2006, [2006] EWCA Crim 2988

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Leaver, R. v, Court of Appeal - Criminal Division, November 10, 2006, [2006] EWCA Crim 2988

SMITH BERNAL WORDWAVE

No: 2005/04725/B2

Neutral Citation Number: [2006] EWCA Crim 2988

IN THE COURT OF APPEAL

CRIMINAL DIVISION

Royal Courts of Justice

Strand

London, WC2

Friday, 10th November 2006

B E F O R E:

LORD JUSTICE TUCKEY

MR JUSTICE HOLMAN

MR JUSTICE HODGE

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R E G I N A

-v-

JON ANDREW SCOTT LEAVER

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Computer Aided Transcript of the Palantype Notes of

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MR M COGAN appeared on behalf of the Appellant

MR R PLATTS appeared on behalf of the Crown

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J U D G M E N T1. MR JUSTICE HOLMAN: This is an appeal against conviction by leave granted by the full court.

2. The appellant, Jon Leaver, is now aged 24. On 19th August 2005 in the Crown Court at Liverpool, before His Honour Judge Boulton and a jury, he was convicted on two counts. Count 1 was rape. Count 2 was causing grievous bodily harm with intent, contrary to section 18 of the Offences Against the Person Act 1861. He was sentenced to 14 years' imprisonment on each count, to be served concurrently.

3. Although there were two counts, there was one victim and the facts comprise a single overall episode, albeit that it occurred in two distinct stages. Rather unusually, th...

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