Ramthor , R. v [2018] EWCA Crim 444 (15 February 2018

Ramthor , R. v [2018] EWCA Crim 444 (15 February 2018

The sentence was not manifestly excessive given the gravity of the aggravating features and the effect on the victim, even after considering mitigating factors. However, the appellant was entitled to credit for a qualifying curfew, which was not properly accounted for by the sentencing judge.

Source-derived case information.

Citation
[2018] EWCA Crim 444
Parties
Prosecution: Regina; Appellant: Adam Paul Ramthor
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sexual Assault, Sentencing, Victim Anonymity
Criminal Law Sexual Assault Sentencing Victim Anonymity

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Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Adam Paul Ramthor

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 21 months' imprisonment for sexual assault was manifestly excessive
  2. 2 Whether the sentencing judge adopted the correct starting point and category under the relevant guidelines
  3. 3 Whether proper credit was given for qualifying curfew

Ratio Decidendi

The sentence was not manifestly excessive given the gravity of the aggravating features and the effect on the victim, even after considering mitigating factors. However, the appellant was entitled to credit for a qualifying curfew, which was not properly accounted for by the sentencing judge.

Court Disposition

appeal allowed in part

Orders

  • 14 days credited towards service of sentence for qualifying curfew
  • If calculation is incorrect, record to be corrected administratively without further hearing