Webb, R v

Webb, R v

The original sentence was unduly lenient given the aggravating features and insufficient justification for departure from the guidelines. However, the risk of serious harm was not significant enough to warrant an indeterminate sentence. A determinate sentence of three years and six months' imprisonment was appropriate.

Parties
Applicant: Attorney General; Respondent/offender: Mark Gordon Kim Webb
Jurisdiction
England and Wales
Judgment Date
18 June 2008
Procedural Posture
Criminal Appeal (attorney General's Reference) / Sentence Review Under Section 36 of the Criminal Justice Act 1988
Outcome
Appeal allowed; sentence increased
Legal Topics
Sentencing, Sexual Activity With a Child, Unduly Lenient Sentences, Attorney General's Reference
Criminal Law Sexual Offences Sentencing Sexual Activity With a Child Unduly Lenient Sentences Attorney General's Reference

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Parties

Attorney General

Applicant

Mark Gordon Kim Webb

Respondent/offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Sentence Review Under Section 36 of the Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed for sexual activity with a child was unduly lenient
  2. 2 Whether a determinate or indeterminate sentence was appropriate given the risk of serious harm

Ratio Decidendi

The original sentence was unduly lenient given the aggravating features and insufficient justification for departure from the guidelines. However, the risk of serious harm was not significant enough to warrant an indeterminate sentence. A determinate sentence of three years and six months' imprisonment was appropriate.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Original sentence of 18 months' imprisonment quashed
  • Offender sentenced to three years and six months' imprisonment