AFB, R. v [2022] EWCA Crim 1646 (22 November 2022)

AFB, R. v [2022] EWCA Crim 1646 (22 November 2022)

The sentencing judge did not err in his assessment of abuse of trust, properly considered the nature of the indictment, and was entitled to take into account the offender's immaturity and vulnerability. The sentence imposed was within the reasonable range for the offences and not unduly lenient.

Citation
[2022] EWCA Crim 1646
Parties
Prosecution: Rex; Respondent: AFB
Jurisdiction
England and Wales
Judgment Date
22 November 2022
Procedural Posture
Criminal Appeal Reference by Attorney General / Application for Permission to Refer Sentence as Unduly Lenient
Outcome
Permission to refer sentence as unduly lenient refused
Legal Topics
Sexual Offences, Sentencing, Abuse of Trust, Attorney General's Reference, Sexual Offences Act 1956, Sexual Offences Act 2003, Criminal Justice Act 1988
Criminal Law Sexual Offences Sentencing Abuse of Trust Attorney General's Reference Sexual Offences Act 1956 Sexual Offences Act 2003 Criminal Justice Act 1988

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Parties

Rex

Prosecution

AFB

Respondent

Procedural Posture

Criminal Appeal Reference by Attorney General / Application for Permission to Refer Sentence as Unduly Lenient

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient under section 36 Criminal Justice Act 1988
  2. 2 Whether the judge erred in not finding abuse of trust under sentencing guidelines
  3. 3 Whether the judge erred in reducing sentence for special needs without independent evidence

Ratio Decidendi

The sentencing judge did not err in his assessment of abuse of trust, properly considered the nature of the indictment, and was entitled to take into account the offender's immaturity and vulnerability. The sentence imposed was within the reasonable range for the offences and not unduly lenient.

Court Disposition

Permission to refer sentence as unduly lenient refused

Orders

  • Application by Attorney General refused
  • No change to sentence imposed by Crown Court