R v Anthony Barker

R v Anthony Barker

The sentencing judge correctly applied the principles for sentencing historic sexual offences, took all relevant aggravating and mitigating factors into account, and the resulting sentence was not manifestly excessive or wrong in principle.

Parties
Prosecutor: Regina; Applicant: Anthony Barker
Jurisdiction
England and Wales
Judgment Date
29 July 2022
Procedural Posture
Criminal Appeal / Application for Permission to Appeal Against Sentence, Renewed to Full Court
Outcome
application for permission to appeal dismissed
Legal Topics
Historic Sexual Offences, Sentencing Guidelines, Appeal Against Sentence, Abuse of Trust
Criminal Law Historic Sexual Offences Sentencing Guidelines Appeal Against Sentence Abuse of Trust

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Parties

Regina

Prosecutor

Anthony Barker

Applicant

Procedural Posture

Criminal Appeal / Application for Permission to Appeal Against Sentence, Renewed to Full Court

Legal Issues

  1. 1 Whether the sentencing judge erred in principle by failing to adjust the starting point in sentencing guidelines for historic offences
  2. 2 Whether undue weight was placed on aggravating factors and insufficient weight on mitigating factors
  3. 3 Whether the sentence was manifestly excessive

Ratio Decidendi

The sentencing judge correctly applied the principles for sentencing historic sexual offences, took all relevant aggravating and mitigating factors into account, and the resulting sentence was not manifestly excessive or wrong in principle.

Court Disposition

application for permission to appeal dismissed

Orders

  • renewed application for permission to appeal against sentence is dismissed