Thompson, R. v [2025] EWCA Crim 1462 (23 October 2025)

Thompson, R. v [2025] EWCA Crim 1462 (23 October 2025)

Although the judge erred in categorising the sexual assault offence and failed to order a pre-sentence report, the total sentence imposed was not unduly lenient on the material available to the judge, and the determination that the offender was not dangerous was open to him on that material.

Citation
[2025] EWCA Crim 1462
Parties
Prosecution: Rex; Offender: Cory Thompson
Jurisdiction
England and Wales
Judgment Date
23 October 2025
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 Criminal Justice Act 1988
Outcome
Application allowed; no interference with sentence
Legal Topics
Sentencing, Unduly Lenient Sentences, Dangerousness Assessment, Sexual Offences, Pre Sentence Reports

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Parties

Rex

Prosecution

Cory Thompson

Offender

Procedural Posture

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

  1. 1 Whether the sentence imposed was unduly lenient
  2. 2 Whether the judge erred in categorising the sexual assault offence
  3. 3 Whether the judge failed to give sufficient weight to aggravating factors

Ratio Decidendi

Although the judge erred in categorising the sexual assault offence and failed to order a pre-sentence report, the total sentence imposed was not unduly lenient on the material available to the judge, and the determination that the offender was not dangerous was open to him on that material.

Court Disposition

Application allowed; no interference with sentence

Orders

  • Leave granted to bring the application
  • No variation of the sentence imposed by the Crown Court