R v Terry James Pocock

R v Terry James Pocock

The sentence was unduly lenient as the judge failed to properly apply the sentencing guideline, set too low a starting point, gave excessive credit for the guilty plea, and inappropriately suspended the sentence given the seriousness and risk posed. The correct sentence is 37 months' immediate imprisonment.

Parties
Applicant: Attorney General; Respondent/offender: Terry James Pocock
Jurisdiction
England and Wales
Judgment Date
07 October 2024
Procedural Posture
Criminal Reference (unduly Lenient Sentence) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentence increased
Legal Topics
Attempted Sexual Offences, Incitement, Sentencing Guidelines, Suspended Sentences, Mitigation, Sexual Harm Prevention Orders
Criminal Law Sentencing Attempted Sexual Offences Incitement Sentencing Guidelines Suspended Sentences Mitigation Sexual Harm Prevention Orders

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Parties

Attorney General

Applicant

Terry James Pocock

Respondent/offender

Procedural Posture

Criminal Reference (unduly Lenient Sentence) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient
  2. 2 Proper application of sentencing guidelines for attempted incitement of a child to engage in penetrative sexual activity
  3. 3 Appropriateness of suspending the sentence

Ratio Decidendi

The sentence was unduly lenient as the judge failed to properly apply the sentencing guideline, set too low a starting point, gave excessive credit for the guilty plea, and inappropriately suspended the sentence given the seriousness and risk posed. The correct sentence is 37 months' immediate imprisonment.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Original sentence quashed and replaced with 37 months' immediate imprisonment
  • Sexual Harm Prevention Order clarified to 10 years and amended as to scope of deletion prohibition