Attorney-Generals Reference No 71 Of 2009 [2009] EWCA Crim 2857 (08 October 2009)

Attorney-Generals Reference No 71 Of 2009 [2009] EWCA Crim 2857 (08 October 2009)

The sentencing judge erred by failing to follow the relevant sentencing guideline for sexual assault of a child under 13, did not provide adequate reasons for departure, and mischaracterised aggravating and mitigating factors. The appropriate sentence was 2 years' imprisonment, reduced to 15 months to reflect the...

Source-derived case information.

Citation
[2009] EWCA Crim 2857
Parties
Applicant: Attorney General; Respondent/offender: Andrew Symes
Jurisdiction
England and Wales
Judgment Date
08 October 2009
Procedural Posture
Criminal Appeal (attorney General's Reference) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; original sentence quashed and replaced
Legal Topics
Sentencing, Sexual Offences, Guideline Departure, Breach of Trust
Criminal Law Sentencing Sexual Offences Guideline Departure Breach of Trust

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Parties

Attorney General

Applicant

Andrew Symes

Respondent/offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the original sentence was unduly lenient
  2. 2 Whether the sentencing judge failed to follow or justify departure from the relevant sentencing guidelines

Ratio Decidendi

The sentencing judge erred by failing to follow the relevant sentencing guideline for sexual assault of a child under 13, did not provide adequate reasons for departure, and mischaracterised aggravating and mitigating factors. The appropriate sentence was 2 years' imprisonment, reduced to 15 months to reflect the impact of the appeal, to be served immediately and not suspended.

Court Disposition

Appeal allowed; original sentence quashed and replaced

Orders

  • Original sentence of 12 months' imprisonment suspended for 2 years quashed
  • Respondent sentenced to 15 months' immediate imprisonment concurrent on each count