AB, R. v (Rev 1)

AB, R. v (Rev 1)

The sentence of 7 years 9 months’ imprisonment imposed after retrial was not of greater severity than the original sentence because the totality principle applied at the first sentencing hearing reduced the aggregate sentences for offences against BM and CB. The later sentence reflected only offending against BM and...

Source-derived case information.

Parties
Appellant: AB; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
14 May 2021
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence After Retrial
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
Sentencing After Retrial, Sexual Offences, Principle of Totality, Release Provisions
Criminal Law Sentencing After Retrial Sexual Offences Principle of Totality Release Provisions

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Summary, issues, holding and outcome

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Parties

AB

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence After Retrial

Legal Issues

  1. 1 Whether the sentence imposed after retrial was of greater severity than the original sentence contrary to paragraph 2(1) schedule 2 Criminal Appeal Act 1968
  2. 2 Whether the change in release provisions under the Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020 rendered the sentence unlawful

Ratio Decidendi

The sentence of 7 years 9 months’ imprisonment imposed after retrial was not of greater severity than the original sentence because the totality principle applied at the first sentencing hearing reduced the aggregate sentences for offences against BM and CB. The later sentence reflected only offending against BM and did not require adjustment for totality. The lack of a conviction on count 3 was immaterial. The provisions of the 2020 Order did not apply as none of the individual sentences exceeded 7 years.

Court Disposition

leave to appeal granted; appeal dismissed

Orders

  • leave to appeal against sentence granted
  • appeal against sentence dismissed