Attorney-Generals Reference No 71 Of 2009

Attorney-Generals Reference No 71 Of 2009

There was no basis for departing from the sentencing guideline in this case; the sentence imposed was unduly lenient and should be increased to reflect the guideline starting point, with a modest reduction for the impact of the reference.

Parties
Applicant: Attorney General; Respondent/offender: Andrew Symes
Jurisdiction
England and Wales
Judgment Date
08 October 2009
Procedural Posture
Criminal Reference / Reference by Attorney General Under S.36 Criminal Justice Act 1988; Appeal Against Sentence
Outcome
Sentence increased; appeal by Attorney General allowed
Legal Topics
Sentencing, Sexual Offences, Appeal, Guideline Adherence
Criminal Law Sentencing Sexual Offences Appeal Guideline Adherence

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Parties

Attorney General

Applicant

Andrew Symes

Respondent/offender

Procedural Posture

Criminal Reference / Reference by Attorney General Under S.36 Criminal Justice Act 1988; Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient
  2. 2 Whether the sentencing judge failed to follow or give reasons for departing from sentencing guidelines

Ratio Decidendi

There was no basis for departing from the sentencing guideline in this case; the sentence imposed was unduly lenient and should be increased to reflect the guideline starting point, with a modest reduction for the impact of the reference.

Court Disposition

Sentence increased; appeal by Attorney General allowed

Orders

  • Original sentence quashed
  • Respondent sentenced to 15 months' imprisonment concurrent on each count