ATD, R. v [2024] EWCA Crim 366 (21 March 2024)

ATD, R. v [2024] EWCA Crim 366 (21 March 2024)

The original sentence of four years' imprisonment with an extended licence of one year was unduly lenient because it did not reflect a proper measured reference to the current sentencing guideline for the analogous modern offence, even after adjusting for the lower statutory maximum. The appropriate custodial term should have been seven years, given the severity of harm and high culpability, with mitigation insufficient to justify the lower sentence imposed.

Citation
[2024] EWCA Crim 366
Parties
Prosecution: Rex; Defendant: ATD
Jurisdiction
England and Wales
Judgment Date
21 March 2024
Procedural Posture
Criminal Appeal Reference by Attorney General Under Section 36 Criminal Justice Act 1988 / Court of Appeal Judgment on Unduly Lenient Sentence Reference
Outcome
Appeal allowed; sentence increased
Legal Topics
Sentencing, Historical Sexual Offences, Unduly Lenient Sentences, Sexual Assault, Sentencing Guidelines
Criminal Law Sentencing Historical Sexual Offences Unduly Lenient Sentences Sexual Assault Sentencing Guidelines

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Parties

Rex

Prosecution

ATD

Defendant

Procedural Posture

Criminal Appeal Reference by Attorney General Under Section 36 Criminal Justice Act 1988 / Court of Appeal Judgment on Unduly Lenient Sentence Reference

Legal Issues

  1. 1 Whether the original sentence for historical sexual assault was unduly lenient
  2. 2 Proper application of current sentencing guidelines to historical offences with lower statutory maxima

Ratio Decidendi

The original sentence of four years' imprisonment with an extended licence of one year was unduly lenient because it did not reflect a proper measured reference to the current sentencing guideline for the analogous modern offence, even after adjusting for the lower statutory maximum. The appropriate custodial term should have been seven years, given the severity of harm and high culpability, with mitigation insufficient to justify the lower sentence imposed.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Leave granted to refer the sentence as unduly lenient
  • Original sentence of four years' imprisonment with one year extended licence quashed