Attorney General's Reference No. 110 OF 2006 [2006] EWCA Crim 259 (01 February 2006)
The original sentence of 2 years' imprisonment was unduly lenient given the repeated indecent assaults by a stepfather in a position of trust over a prolonged period, involving digital penetration of minors. The appropriate sentence is 3 years' imprisonment.
- Citation
- [2006] EWCA Crim 259
- Parties
- Applicant: Attorney General; Offender/respondent: Malcolm D
- Jurisdiction
- England and Wales
- Judgment Date
- 01 February 2006
- Procedural Posture
- Criminal Appeal (attorney General's Reference) / Sentence Review Under S.36 Criminal Justice Act 1988
- Outcome
- Sentence increased
- Legal Topics
- Indecent Assault, Sentencing, Sexual Offences, Position of Trust, Attorney General's Reference
Case Brief
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Parties
Attorney General
Applicant
Malcolm D
Offender/respondent
Procedural Posture
Criminal Appeal (attorney General's Reference) / Sentence Review Under S.36 Criminal Justice Act 1988
Legal Issues
- 1 Whether the sentence imposed for indecent assault was unduly lenient
- 2 Appropriate sentence for repeated indecent assault by a stepfather in a position of trust
Ratio Decidendi
The original sentence of 2 years' imprisonment was unduly lenient given the repeated indecent assaults by a stepfather in a position of trust over a prolonged period, involving digital penetration of minors. The appropriate sentence is 3 years' imprisonment.
Court Disposition
Sentence increased
Orders
- Sentence of 2 years' imprisonment quashed and substituted with 3 years' imprisonment for indecent assault
- Notification requirements remain as previously ordered
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