KR, R. v [2018] EWCA Crim 2371 (05 July 2018)

KR, R. v [2018] EWCA Crim 2371 (05 July 2018)

The sentence imposed was unduly lenient because it fell below the guideline range for the offence and was suspended despite the absence of a guilty plea or remorse. The mitigation, while powerful, did not justify a sentence outside the prescribed range. The appropriate sentence was three years' immediate imprisonment, at the bottom of the guideline range.

Citation
[2018] EWCA Crim 2371
Parties
Applicant: Attorney General; Offender/respondent: K R
Jurisdiction
England and Wales
Judgment Date
05 July 2018
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 of the Criminal Justice Act 1988
Outcome
Appeal allowed; sentence increased
Legal Topics
Sentencing, Sexual Offences, Appeal, Unduly Lenient Sentence
Criminal Law Sentencing Sexual Offences Appeal Unduly Lenient Sentence

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Parties

Attorney General

Applicant

K R

Offender/respondent

Procedural Posture

Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 of the Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed for sexual assault of a child under 13 was unduly lenient
  2. 2 Proper application of sentencing guidelines for sexual offences against children

Ratio Decidendi

The sentence imposed was unduly lenient because it fell below the guideline range for the offence and was suspended despite the absence of a guilty plea or remorse. The mitigation, while powerful, did not justify a sentence outside the prescribed range. The appropriate sentence was three years' immediate imprisonment, at the bottom of the guideline range.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Leave to refer granted
  • Original sentence quashed