ACN, R v [2018] EWCA Crim 1507 (01 May 2018)

ACN, R v [2018] EWCA Crim 1507 (01 May 2018)

The sentencing judge correctly applied the relevant guidelines, including discounting the adult starting point by 50% for a child defendant, and the sentence was not manifestly excessive. The historic authority of R v Burrowes is no longer applicable under the current statutory regime.

Source-derived case information.

Citation
[2018] EWCA Crim 1507
Parties
Prosecution: Regina; Applicant: ACN
Jurisdiction
England and Wales
Judgment Date
01 May 2018
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome
application refused
Legal Topics
Sentencing, Sexual Offences, Children and Young Persons, Rape, Sexual Assault
Criminal Law Sentencing Sexual Offences Children and Young Persons Rape Sexual Assault

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Prosecution

ACN

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the section 91 sentence was unnecessary or failed to apply the appropriate guideline for sentencing children and young people
  3. 3 Whether the sentence could be seen to be longer than that imposed on an older offender

Ratio Decidendi

The sentencing judge correctly applied the relevant guidelines, including discounting the adult starting point by 50% for a child defendant, and the sentence was not manifestly excessive. The historic authority of R v Burrowes is no longer applicable under the current statutory regime.

Court Disposition

application refused

Orders

  • renewed application for leave to appeal against sentence refused