R v AB

R v AB

The sentencing judge erred by applying the wrong guideline table for count 11, resulting in an excessive sentence for that count. The correct starting point was two years, not eight. The overall sentence was adjusted to reflect the correct starting points and totality, with the custodial element and extension period recalibrated to ensure proportionality and public protection.

Parties
Prosecutor: Rex; Appellant: AB
Jurisdiction
England and Wales
Judgment Date
16 September 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
Appeal allowed in part; sentence varied
Legal Topics
Sentencing, Sexual Offences, Appeal Procedure, Dangerous Offenders
Criminal Law Sentencing Sexual Offences Appeal Procedure Dangerous Offenders

Case Brief

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Parties

Rex

Prosecutor

AB

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

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

Ratio Decidendi

The sentencing judge erred by applying the wrong guideline table for count 11, resulting in an excessive sentence for that count. The correct starting point was two years, not eight. The overall sentence was adjusted to reflect the correct starting points and totality, with the custodial element and extension period recalibrated to ensure proportionality and public protection.

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.