Attorney General Reference No. 28 of 2010

Attorney General Reference No. 28 of 2010

The original sentence was unduly lenient as it failed to reflect the seriousness, aggravating features, and multiplicity of the offences. The appropriate sentence, after considering totality and the plea of guilty, is twelve years' imprisonment, with sentences on counts 1-19 and counts 20-23 to run consecutively.

Parties
Applicant: Attorney General; Respondent/offender: Michael Anthony Charnley
Jurisdiction
England and Wales
Judgment Date
17 June 2010
Procedural Posture
Criminal Appeal (attorney General's Reference) / Sentence Review Under Section 36 of the Criminal Justice Act 1988
Outcome
Sentence increased on Attorney General's Reference
Legal Topics
Sentencing, Sexual Offences, Child Abuse, Concurrent and Consecutive Sentences, Attorney General's Reference
Criminal Law Sentencing Sexual Offences Child Abuse Concurrent and Consecutive Sentences Attorney General's Reference

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Attorney General

Applicant

Michael Anthony Charnley

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 What is the appropriate sentence for an offender who procures sexual abuse of children abroad via the internet?
  2. 2 Did the trial judge err in the application of sentencing guidelines and in ordering sentences to run concurrently?

Ratio Decidendi

The original sentence was unduly lenient as it failed to reflect the seriousness, aggravating features, and multiplicity of the offences. The appropriate sentence, after considering totality and the plea of guilty, is twelve years' imprisonment, with sentences on counts 1-19 and counts 20-23 to run consecutively.

Court Disposition

Sentence increased on Attorney General's Reference

Orders

  • Total sentence increased to twelve years' imprisonment
  • Sentences on counts 1-19 and counts 20-23 to run consecutively