Ivan, R. v [2020] EWCA Crim 301 (11 February 2020)

Ivan, R. v [2020] EWCA Crim 301 (11 February 2020)

The sentencing judge's approach to categorising harm and culpability was consistent with the Sentencing Council Guidelines; the sentence, though lenient, was not unduly or objectionably so, and the Court of Appeal declined to interfere.

Citation
[2020] EWCA Crim 301
Parties
Applicant: Attorney General; Respondent/offender: Daniel Vasile Ivan
Jurisdiction
England and Wales
Judgment Date
11 February 2020
Procedural Posture
Criminal Appeal (sentence Reference) / Court of Appeal Judgment
Outcome
Leave granted; appeal dismissed; sentence not interfered with.
Legal Topics
Sentencing, Sexual Offences, Unduly Lenient Sentence, Section 36 Reference
Criminal Law Sentencing Sexual Offences Unduly Lenient Sentence Section 36 Reference

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Parties

Attorney General

Applicant

Daniel Vasile Ivan

Respondent/offender

Procedural Posture

Criminal Appeal (sentence Reference) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the sentence imposed for offences under section 9 of the Sexual Offences Act 2003 was unduly lenient
  2. 2 Proper categorisation of harm and culpability under Sentencing Council Guidelines

Ratio Decidendi

The sentencing judge's approach to categorising harm and culpability was consistent with the Sentencing Council Guidelines; the sentence, though lenient, was not unduly or objectionably so, and the Court of Appeal declined to interfere.

Court Disposition

Leave granted; appeal dismissed; sentence not interfered with.

Orders

  • No change to sentence; original suspended sentence and requirements remain.