RF, R. v [2017] EWCA Crim 1890 (31 October 2017)

RF, R. v [2017] EWCA Crim 1890 (31 October 2017)

The original suspended sentence of 2 years was unduly lenient given the gravity, repeated nature, and aggravating features of the offences. The correct approach under the Sentencing Council Guidelines required a starting point of at least 6 years, with a full discount for guilty plea resulting in a custodial sentence of 4 years. Taking into account time already served, the appropriate sentence is 3 years and 10 months' imprisonment on each count, concurrent.

Citation
[2017] EWCA Crim 1890
Parties
Applicant: Attorney General; Offender/respondent: RF
Jurisdiction
England and Wales
Judgment Date
31 October 2017
Procedural Posture
Criminal Appeal (attorney General's Reference) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; original sentences quashed and substituted with custodial sentences.
Legal Topics
Sentencing, Sexual Offences, Unduly Lenient Sentences, Sexual Activity With a Child Family Member
Criminal Law Sentencing Sexual Offences Unduly Lenient Sentences Sexual Activity With a Child Family Member

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Parties

Attorney General

Applicant

RF

Offender/respondent

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 for sexual activity with a child family member was unduly lenient
  2. 2 Proper categorisation of harm and culpability under Sentencing Council Guidelines

Ratio Decidendi

The original suspended sentence of 2 years was unduly lenient given the gravity, repeated nature, and aggravating features of the offences. The correct approach under the Sentencing Council Guidelines required a starting point of at least 6 years, with a full discount for guilty plea resulting in a custodial sentence of 4 years. Taking into account time already served, the appropriate sentence is 3 years and 10 months' imprisonment on each count, concurrent.

Court Disposition

Appeal allowed; original sentences quashed and substituted with custodial sentences.

Orders

  • Sentences of 2 years' imprisonment suspended on counts 1-4 quashed.
  • Substituted with 3 years and 10 months' imprisonment on each of counts 1-4, concurrent.