RF, R. v

RF, R. v

The original sentence was unduly lenient because it failed to reflect the seriousness of the offences, the aggravating features (age disparity, breach of trust, course of conduct, and impact on the victim), and the proper application of the Sentencing Council Guidelines. The appropriate sentence, after full credit for guilty pleas and time served, was 3 years and 10 months' imprisonment on each count, to run concurrently, with the sentence for the notification offence to remain at 6 months concurrent.

Parties
Prosecutor: Regina; Offender: RF
Jurisdiction
England and Wales
Judgment Date
31 October 2017
Procedural Posture
Criminal Appeal (reference by Attorney General) / Sentence Review Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentences increased
Legal Topics
Sexual Offences, Sentencing, Unduly Lenient Sentences, Abuse of Position of Trust
Criminal Law Sexual Offences Sentencing Unduly Lenient Sentences Abuse of Position of Trust

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Parties

Regina

Prosecutor

RF

Offender

Procedural Posture

Criminal Appeal (reference by Attorney General) / Sentence Review Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed for sexual activity with a child family member was unduly lenient
  2. 2 Proper categorisation of harm and culpability under Sentencing Council Guidelines
  3. 3 Appropriate sentence for multiple offences involving breach of trust

Ratio Decidendi

The original sentence was unduly lenient because it failed to reflect the seriousness of the offences, the aggravating features (age disparity, breach of trust, course of conduct, and impact on the victim), and the proper application of the Sentencing Council Guidelines. The appropriate sentence, after full credit for guilty pleas and time served, was 3 years and 10 months' imprisonment on each count, to run concurrently, with the sentence for the notification offence to remain at 6 months concurrent.

Court Disposition

Appeal allowed; sentences increased

Orders

  • Sentences of 2 years suspended on counts 1 to 4 quashed and substituted with 3 years and 10 months' imprisonment concurrent on each count
  • Sentence of 6 months for notification offence to remain, served concurrently