AB, R. v [2024] EWCA Crim 1028 (13 August 2024)

AB, R. v [2024] EWCA Crim 1028 (13 August 2024)

The sentencing judge erred by applying the wrong guideline table for certain offences, resulting in an excessive starting point. The correct starting point should have been lower, but the overall sentence must still reflect the seriousness and totality of the offending. The extension period was not manifestly excessive given the risk posed. The sentence was varied to correct the guideline error and ensure proportionality.

Citation
[2024] EWCA Crim 1028
Parties
Prosecution: Rex; Appellant: AB
Jurisdiction
England and Wales
Judgment Date
13 August 2024
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Sentence
Outcome
Appeal allowed in part; sentence varied
Legal Topics
Sentencing, Sexual Offences, Appeals, Dangerous Offender Provisions
Criminal Law Sentencing Sexual Offences Appeals Dangerous Offender Provisions

Case Brief

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Parties

Rex

Prosecution

AB

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Sentence

Legal Issues

  1. 1 Whether the total sentence imposed was manifestly excessive
  2. 2 Whether the extension period was too long
  3. 3 Whether the sentencing judge applied the correct guideline tables for offences of causing a person to engage in sexual activity without consent

Ratio Decidendi

The sentencing judge erred by applying the wrong guideline table for certain offences, resulting in an excessive starting point. The correct starting point should have been lower, but the overall sentence must still reflect the seriousness and totality of the offending. The extension period was not manifestly excessive given the risk posed. The sentence was varied to correct the guideline error and ensure proportionality.

Court Disposition

Appeal allowed in part; sentence varied

Orders

  • Sentence on count 8 varied to an extended sentence of eighteen and a half years, comprising a custodial sentence of ten and a half years and an extension period of two years.
  • Sentences on counts 5 and 6 reduced to three years imprisonment, to be served concurrently with count 8.