Robson-Durrance, R. v [2025] EWCA Crim 1280 (19 September 2025)

Robson-Durrance, R. v [2025] EWCA Crim 1280 (19 September 2025)

The sentence imposed was unduly lenient as it fell below the appropriate range after proper application of the sentencing guidelines and consideration of mitigation; however, the court exercised its discretion not to increase the sentence due to the respondent's vulnerability, subsequent engagement with mental health services, and the fact that the sentence was suspended and already being served.

Citation
[2025] EWCA Crim 1280
Parties
Prosecution: Rex; Respondent/offender: Colin Robson-Durrance
Jurisdiction
England and Wales
Judgment Date
19 September 2025
Procedural Posture
Criminal Appeal Reference by Attorney General Under S.36 Criminal Justice Act 1988 / Appeal Against Sentence (unduly Lenient Sentence Reference)
Outcome
Solicitor General granted leave to refer; sentence found unduly lenient; no alteration to sentence imposed below.
Legal Topics
Sentencing, Sexual Offences, Attorney General's Reference, Suspended Sentences, Mitigation, Mental Health in Sentencing
Criminal Law Sentencing Sexual Offences Attorney General's Reference Suspended Sentences Mitigation Mental Health in Sentencing

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Parties

Rex

Prosecution

Colin Robson-Durrance

Respondent/offender

Procedural Posture

Criminal Appeal Reference by Attorney General Under S.36 Criminal Justice Act 1988 / Appeal Against Sentence (unduly Lenient Sentence Reference)

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient under s.36 Criminal Justice Act 1988
  2. 2 Appropriate application of sentencing guidelines for sexual offences involving decoy children
  3. 3 Extent of mitigation and credit for guilty plea

Ratio Decidendi

The sentence imposed was unduly lenient as it fell below the appropriate range after proper application of the sentencing guidelines and consideration of mitigation; however, the court exercised its discretion not to increase the sentence due to the respondent's vulnerability, subsequent engagement with mental health services, and the fact that the sentence was suspended and already being served.

Court Disposition

Solicitor General granted leave to refer; sentence found unduly lenient; no alteration to sentence imposed below.

Orders

  • Leave to refer granted under s.36 Criminal Justice Act 1988
  • No alteration to the sentence imposed by the Crown Court