M, R v

M, R v

The original sentence was unduly lenient given the gravity of the offences, the risk posed by the offender to peri-pubertal girls, and the psychiatric evidence. The appropriate sentence is ten years' imprisonment for indecent assault, divided into five years for the offence and three years for public protection under section 85, totalling eight years to be served.

Parties
Applicant: Attorney General; Offender: W. M.
Jurisdiction
England and Wales
Judgment Date
12 June 2003
Procedural Posture
Criminal Appeal (attorney General's Reference) / Sentence Review Under Section 36 of the Criminal Justice Act 1988
Outcome
Sentence increased
Legal Topics
Indecent Assault, Abduction With Intent to Have Unlawful Sexual Intercourse, Possession of Imitation Firearm, Sexual Offences Against Children, Mental Disorder and Sentencing, Attorney General's Reference
Criminal Law Sentencing Mental Health Law Indecent Assault Abduction With Intent to Have Unlawful Sexual Intercourse Possession of Imitation Firearm Sexual Offences Against Children Mental Disorder and Sentencing +1 more

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Parties

Attorney General

Applicant

W. M.

Offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Sentence Review Under Section 36 of the Criminal Justice Act 1988

Legal Issues

  1. 1 Was the original sentence imposed on the offender unduly lenient?
  2. 2 What is the appropriate sentence in light of the offender's psychiatric condition and risk to the public?
  3. 3 Are the criteria for a hospital order under the Mental Health Act 1983 met?

Ratio Decidendi

The original sentence was unduly lenient given the gravity of the offences, the risk posed by the offender to peri-pubertal girls, and the psychiatric evidence. The appropriate sentence is ten years' imprisonment for indecent assault, divided into five years for the offence and three years for public protection under section 85, totalling eight years to be served.

Court Disposition

Sentence increased

Orders

  • Offender to serve a total of eight years' imprisonment for indecent assault under section 85 of the Act (five years for the offence, three years for public protection).
  • Medical reports from Dr Meux and Dr Dunn to accompany the offender and be sent to the prison governor with a copy of the judgment.