Huband, R. v [2023] EWCA Crim 317 (14 March 2023)

Huband, R. v [2023] EWCA Crim 317 (14 March 2023)

The original sentence was unduly lenient because the offence was properly categorised as Category 2B under the Sentencing Council Guideline, with a starting point of eight years. The mitigation for the offender's learning disabilities did not justify a reduction to two years. The appropriate sentence, after...

Source-derived case information.

Citation
[2023] EWCA Crim 317
Parties
Applicant: Attorney General; Offender/respondent: Farrell Huband
Jurisdiction
England and Wales
Judgment Date
14 March 2023
Procedural Posture
Criminal Reference (unduly Lenient Sentence) / Appeal (reference by Attorney General Under S.36 Criminal Justice Act 1988)
Outcome
Appeal allowed; sentence increased.
Legal Topics
Sentencing, Sexual Offences, Attempted Rape, Unduly Lenient Sentences, Mitigation (learning Disabilities)
Criminal Law Sentencing Sexual Offences Attempted Rape Unduly Lenient Sentences Mitigation (learning Disabilities)

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Parties

Attorney General

Applicant

Farrell Huband

Offender/respondent

Procedural Posture

Criminal Reference (unduly Lenient Sentence) / Appeal (reference by Attorney General Under S.36 Criminal Justice Act 1988)

Legal Issues

  1. 1 Whether the original sentence for attempted rape was unduly lenient
  2. 2 Correct categorisation of harm and culpability under the Sentencing Council Guideline for Sexual Offences
  3. 3 Appropriate weight to be given to the offender's intellectual difficulties as mitigation

Ratio Decidendi

The original sentence was unduly lenient because the offence was properly categorised as Category 2B under the Sentencing Council Guideline, with a starting point of eight years. The mitigation for the offender's learning disabilities did not justify a reduction to two years. The appropriate sentence, after one-third credit for guilty plea, was four years' custody.

Court Disposition

Appeal allowed; sentence increased.

Orders

  • Original sentence of two years' custody quashed and replaced with four years' custody.
  • Victim surcharge order of £140 quashed and to be varied to the appropriate level.