Attorney General Reference No 7 of 2011 [2011] EWCA Crim 1269 (07 March 2011)

Attorney General Reference No 7 of 2011 [2011] EWCA Crim 1269 (07 March 2011)

The original sentences for counts 3, 4, and 5 were too lenient and failed to reflect the gravity, abuse of trust, threats, and psychological harm. Sentences for separate victims should run consecutively to reflect total criminality. The sentence for possession of indecent images should run concurrently due to double jeopardy considerations, resulting in a total sentence of 6 years' imprisonment.

Citation
[2011] EWCA Crim 1269
Parties
Applicant: Attorney General; Offender/respondent: John David Smith
Jurisdiction
England and Wales
Judgment Date
07 March 2011
Procedural Posture
Criminal Reference (attorney General's Reference) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Sentence increased on Attorney General's Reference
Legal Topics
Sentencing, Sexual Offences, Historic Offences, Application of Sentencing Guidelines
Criminal Law Sentencing Sexual Offences Historic Offences Application of Sentencing Guidelines

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Parties

Attorney General

Applicant

John David Smith

Offender/respondent

Procedural Posture

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

Legal Issues

  1. 1 How should courts sentence historic sexual offences committed under the Sexual Offences Act 1956 in light of the Definitive Guidelines under the Sexual Offences Act 2003?
  2. 2 Did the original sentence adequately reflect the gravity and aggravating features of the offending?
  3. 3 Should sentences for separate victims and for possession of indecent images run consecutively or concurrently?

Ratio Decidendi

The original sentences for counts 3, 4, and 5 were too lenient and failed to reflect the gravity, abuse of trust, threats, and psychological harm. Sentences for separate victims should run consecutively to reflect total criminality. The sentence for possession of indecent images should run concurrently due to double jeopardy considerations, resulting in a total sentence of 6 years' imprisonment.

Court Disposition

Sentence increased on Attorney General's Reference

Orders

  • Sentences on counts 3, 4, and 5 increased to 5 years each, concurrent.
  • Sentence on count 7 (second victim) to run consecutively to counts 1-6.