Wilson, R. v [2021] EWCA Crim 839 (27 May 2021)

Wilson, R. v [2021] EWCA Crim 839 (27 May 2021)

The original sentence was unduly lenient only in granting full credit for the guilty plea; the seriousness of the offending did not require a life sentence, and the notional determinate sentence was appropriate. The correct reduction for the guilty plea was one-quarter, not one-third, resulting in an increased custodial term.

Citation
[2021] EWCA Crim 839
Parties
Prosecution: Regina; Offender: David Wilson
Jurisdiction
England and Wales
Judgment Date
27 May 2021
Procedural Posture
Criminal Reference Under S.36 Criminal Justice Act 1988 / Court of Appeal Review of Sentence
Outcome
Sentence increased
Legal Topics
Sentencing, Sexual Offences, Appeal, Unduly Lenient Sentences, Guilty Plea Credit
Criminal Law Sentencing Sexual Offences Appeal Unduly Lenient Sentences Guilty Plea Credit

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Parties

Regina

Prosecution

David Wilson

Offender

Procedural Posture

Criminal Reference Under S.36 Criminal Justice Act 1988 / Court of Appeal Review of Sentence

Legal Issues

  1. 1 Whether the original sentence was unduly lenient
  2. 2 Whether a life sentence was required under s.225 Criminal Justice Act 2003
  3. 3 Whether full credit for guilty plea was appropriate

Ratio Decidendi

The original sentence was unduly lenient only in granting full credit for the guilty plea; the seriousness of the offending did not require a life sentence, and the notional determinate sentence was appropriate. The correct reduction for the guilty plea was one-quarter, not one-third, resulting in an increased custodial term.

Court Disposition

Sentence increased

Orders

  • Leave to refer granted
  • Original extended determinate sentence of 33 years quashed for count 8