WVF, R. v [2023] EWCA Crim 65 (19 January 2023)

WVF, R. v [2023] EWCA Crim 65 (19 January 2023)

The sentencing judge erred by failing to apply the correct Sentencing Council Guideline for causing or inciting a child under 13 to engage in sexual activity and by not finding an abuse of trust. The correct approach required a starting point of 5 years' custody, with appropriate reductions for mitigation and guilty...

Source-derived case information.

Citation
[2023] EWCA Crim 65
Parties
Applicant: Attorney General; Respondent/offender: WVF
Jurisdiction
England and Wales
Judgment Date
19 January 2023
Procedural Posture
Criminal Reference (unduly Lenient Sentence) / Court of Appeal Judgment
Outcome
Appeal allowed; sentence increased
Legal Topics
Sentencing, Sexual Offences, Abuse of Trust, Child Protection, Appeal Against Sentence
Criminal Law Sentencing Sexual Offences Abuse of Trust Child Protection Appeal Against Sentence

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Parties

Attorney General

Applicant

WVF

Respondent/offender

Procedural Posture

Criminal Reference (unduly Lenient Sentence) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the original sentence imposed on WVF was unduly lenient
  2. 2 Whether the Sentencing Council Guideline for causing or inciting a child under 13 to engage in sexual activity should have been applied
  3. 3 Whether there was an abuse of trust by the offender

Ratio Decidendi

The sentencing judge erred by failing to apply the correct Sentencing Council Guideline for causing or inciting a child under 13 to engage in sexual activity and by not finding an abuse of trust. The correct approach required a starting point of 5 years' custody, with appropriate reductions for mitigation and guilty plea, resulting in a sentence of 3 years and 4 months' imprisonment.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Original suspended sentence quashed
  • Offender sentenced to 3 years and 4 months' immediate imprisonment on counts 4 to 7, concurrent with each other and with 15 months' imprisonment on counts 1 to 3 (no longer suspended)