Hartfield, R. v [2017] EWCA Crim 1499 (24 May 2017)

Hartfield, R. v [2017] EWCA Crim 1499 (24 May 2017)

The sentencing judge properly placed the offending at the upper end of Category 3, gave appropriate credit for guilty pleas, and was entitled to suspend the sentence given the absence of a real victim and other mitigating factors. The sentence was not unduly lenient.

Citation
[2017] EWCA Crim 1499
Parties
Prosecution: Regina; Offender: Christopher Hartfield
Jurisdiction
England and Wales
Judgment Date
24 May 2017
Procedural Posture
Criminal Reference / Application for Leave to Refer Sentence as Unduly Lenient
Outcome
leave to refer refused
Legal Topics
Attempted Sexual Offences, Sexual Grooming, Sentencing, Unduly Lenient Sentence Reference
Criminal Law Attempted Sexual Offences Sexual Grooming Sentencing Unduly Lenient Sentence Reference

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Parties

Regina

Prosecution

Christopher Hartfield

Offender

Procedural Posture

Criminal Reference / Application for Leave to Refer Sentence as Unduly Lenient

Legal Issues

  1. 1 Whether the suspended sentence imposed was unduly lenient for attempted incitement of a child to engage in sexual activity and attempted meeting following grooming
  2. 2 Appropriate categorisation under Sentencing Council Guidelines for attempts where no real child existed

Ratio Decidendi

The sentencing judge properly placed the offending at the upper end of Category 3, gave appropriate credit for guilty pleas, and was entitled to suspend the sentence given the absence of a real victim and other mitigating factors. The sentence was not unduly lenient.

Court Disposition

leave to refer refused

Orders

  • Application to refer the sentence as unduly lenient is refused.