Laxton, R v

Laxton, R v

Despite the offender's significant disabilities, the seriousness, duration, and impact of the sexual offences against young children required a custodial sentence; the original community order was unduly lenient and a sentence of three years' imprisonment on each count, to run concurrently, was appropriate.

Parties
Applicant: Attorney General; Respondent/offender: Gordon Laxton
Jurisdiction
England and Wales
Judgment Date
19 October 2010
Procedural Posture
Criminal Appeal (attorney General's Reference) / Sentence Review Under Section 36 of the Criminal Justice Act 1988
Outcome
Appeal allowed; sentence quashed and substituted with imprisonment
Legal Topics
Sentencing, Sexual Offences, Indecent Assault, Unduly Lenient Sentence
Criminal Law Sentencing Sexual Offences Indecent Assault Unduly Lenient Sentence

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Parties

Attorney General

Applicant

Gordon Laxton

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 was unduly lenient given the seriousness of the offences and the offender's disabilities
  2. 2 Appropriate sentence for historic sexual offences against minors committed by an offender with significant mental impairment

Ratio Decidendi

Despite the offender's significant disabilities, the seriousness, duration, and impact of the sexual offences against young children required a custodial sentence; the original community order was unduly lenient and a sentence of three years' imprisonment on each count, to run concurrently, was appropriate.

Court Disposition

Appeal allowed; sentence quashed and substituted with imprisonment

Orders

  • Original community order quashed
  • Three years' imprisonment on each count, to run concurrently, imposed