White, R. v [2024] EWCA Crim 1390 (31 October 2024)

White, R. v [2024] EWCA Crim 1390 (31 October 2024)

The sentencing judge failed to properly apply the totality principle by not uplifting the lead offence to reflect the multiplicity and distinct nature of the sexual offences. The sentence imposed was unduly lenient in terms of custodial length, but given the offender's prospects for rehabilitation and the specific circumstances, a community order with programme and rehabilitation requirements was the appropriate sentence.

Citation
[2024] EWCA Crim 1390
Parties
Prosecution: Rex; Offender: Lewis White
Jurisdiction
England and Wales
Judgment Date
31 October 2024
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 Criminal Justice Act 1988
Outcome
Appeal allowed; original suspended sentences quashed and replaced with a three-year community order with requirements and a fine.
Legal Topics
Sentencing, Sexual Offences, Indecent Images, Causing or Inciting a Child to Engage in Sexual Activity, Sexual Communication With a Child, Attorney General's Reference, Unduly Lenient Sentence
Criminal Law Sentencing Sexual Offences Indecent Images Causing or Inciting a Child to Engage in Sexual Activity Sexual Communication With a Child Attorney General's Reference Unduly Lenient Sentence

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Parties

Rex

Prosecution

Lewis White

Offender

Procedural Posture

Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient
  2. 2 Proper approach to totality in sentencing for multiple sexual offences involving children
  3. 3 Appropriateness of a community order versus immediate custody for sexual offences against children

Ratio Decidendi

The sentencing judge failed to properly apply the totality principle by not uplifting the lead offence to reflect the multiplicity and distinct nature of the sexual offences. The sentence imposed was unduly lenient in terms of custodial length, but given the offender's prospects for rehabilitation and the specific circumstances, a community order with programme and rehabilitation requirements was the appropriate sentence.

Court Disposition

Appeal allowed; original suspended sentences quashed and replaced with a three-year community order with requirements and a fine.

Orders

  • Quash suspended sentences of imprisonment on all counts.
  • Impose a three-year community order with a programme requirement (up to 35 days/sessions for Horizon programme).