Bristow & Anor, R. v [2017] EWCA Crim 2380 (21 July 2017)

Bristow & Anor, R. v [2017] EWCA Crim 2380 (21 July 2017)

The original sentences failed to sufficiently reflect the gravity and aggravating features of the offences, particularly the offenders acting together, the recording of the abuse, and the risk posed to the public. The sentences were unduly lenient and required upward adjustment, including the imposition of an extended sentence for Michael Peters.

Citation
[2017] EWCA Crim 2380
Parties
Applicant: Attorney General; Respondent/offender: Andrew Bristow; Respondent/offender: Michael Peters
Jurisdiction
England and Wales
Judgment Date
21 July 2017
Procedural Posture
Criminal Appeal (attorney General's Reference) / Appeal Against Sentence; Review of Unduly Lenient Sentences
Outcome
Appeal allowed; sentences increased
Legal Topics
Sentencing, Sexual Offences Against Children, Attorney General's Reference, Extended Sentences, Dangerous Offenders
Criminal Law Sentencing Sexual Offences Against Children Attorney General's Reference Extended Sentences Dangerous Offenders

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Parties

Attorney General

Applicant

Andrew Bristow

Respondent/offender

Michael Peters

Respondent/offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Appeal Against Sentence; Review of Unduly Lenient Sentences

Legal Issues

  1. 1 Whether the sentences imposed on Andrew Bristow and Michael Peters were unduly lenient
  2. 2 Whether the sentencing judge failed to properly account for aggravating features and totality
  3. 3 Whether extended sentences should have been imposed

Ratio Decidendi

The original sentences failed to sufficiently reflect the gravity and aggravating features of the offences, particularly the offenders acting together, the recording of the abuse, and the risk posed to the public. The sentences were unduly lenient and required upward adjustment, including the imposition of an extended sentence for Michael Peters.

Court Disposition

Appeal allowed; sentences increased

Orders

  • For Andrew Bristow: Sentences on counts 4 and 5 increased to eight years' imprisonment each (concurrent), consecutive to two years on count 8; one year extended licence period maintained.
  • For Michael Peters: Sentence on count 6 quashed and substituted with an extended sentence of nine years (six years' custody plus three years' extended licence); other sentences unaffected.