ATD, R. v [2023] EWCA Crim 1536 (02 November 2023)

ATD, R. v [2023] EWCA Crim 1536 (02 November 2023)

The sentencing judge correctly applied the Children Guideline and the principles in Ahmed, properly assessed the offender's culpability as a 15-year-old, and was entitled to impose suspended sentences with requirements rather than immediate custody; the sentences were not unduly lenient.

Citation
[2023] EWCA Crim 1536
Parties
Applicant: Attorney General; Offender/respondent: A. T. D.
Jurisdiction
England and Wales
Judgment Date
02 November 2023
Procedural Posture
Criminal Reference (unduly Lenient Sentence) / Court of Appeal Judgment on Application for Leave to Refer Sentence
Outcome
Application for leave to refer sentence refused; sentences not unduly lenient.
Legal Topics
Sexual Offences, Sentencing of Children and Young Persons, Unduly Lenient Sentences, Rape of a Child, Causing or Inciting a Child to Engage in Sexual Activity
Criminal Law Sentencing Sexual Offences Sentencing of Children and Young Persons Unduly Lenient Sentences Rape of a Child Causing or Inciting a Child to Engage in Sexual Activity

Case Brief

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Parties

Attorney General

Applicant

A. T. D.

Offender/respondent

Procedural Posture

Criminal Reference (unduly Lenient Sentence) / Court of Appeal Judgment on Application for Leave to Refer Sentence

Legal Issues

  1. 1 Whether the suspended sentences imposed for serious child sexual offences committed by a 15-year-old were unduly lenient
  2. 2 Whether the sentencing judge erred in applying the Sentencing Council Children Guideline and the principles in Ahmed
  3. 3 Whether the judge made erroneous findings of fact regarding threats and severe psychological harm

Ratio Decidendi

The sentencing judge correctly applied the Children Guideline and the principles in Ahmed, properly assessed the offender's culpability as a 15-year-old, and was entitled to impose suspended sentences with requirements rather than immediate custody; the sentences were not unduly lenient.

Court Disposition

Application for leave to refer sentence refused; sentences not unduly lenient.

Orders

  • Leave to refer the sentences refused.