Fox, R v [2019] EWCA Crim 1459 (30 July 2019)

Fox, R v [2019] EWCA Crim 1459 (30 July 2019)

The original sentence of a community order was unduly lenient as the custody threshold was clearly passed and only a custodial sentence could mark the seriousness of the offence. However, given the strong personal mitigation and realistic prospect of rehabilitation, the custodial sentence could properly be suspended. The appropriate sentence is 12 months' imprisonment suspended for 2 years with a requirement of 120 hours unpaid work.

Citation
[2019] EWCA Crim 1459
Parties
Applicant: Attorney General; Offender/respondent: Lee Fox
Jurisdiction
England and Wales
Judgment Date
30 July 2019
Procedural Posture
Criminal Appeal (reference by Attorney General) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed in part; sentence below quashed as unduly lenient; substituted with suspended custodial sentence.
Legal Topics
Sexual Offences, Sentencing, Appeal, Unduly Lenient Sentence
Criminal Law Sexual Offences Sentencing Appeal Unduly Lenient Sentence

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Parties

Attorney General

Applicant

Lee Fox

Offender/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the original sentence was unduly lenient
  2. 2 Appropriate categorisation and sentence for sexual assault under Sentencing Guidelines
  3. 3 Whether a custodial sentence should be immediate or suspended

Ratio Decidendi

The original sentence of a community order was unduly lenient as the custody threshold was clearly passed and only a custodial sentence could mark the seriousness of the offence. However, given the strong personal mitigation and realistic prospect of rehabilitation, the custodial sentence could properly be suspended. The appropriate sentence is 12 months' imprisonment suspended for 2 years with a requirement of 120 hours unpaid work.

Court Disposition

Appeal allowed in part; sentence below quashed as unduly lenient; substituted with suspended custodial sentence.

Orders

  • Sentence of community order quashed
  • Substituted sentence of 12 months' imprisonment suspended for 2 years