Attorney-General's Reference No 29 of 2008 (Jon Peter Dixon)

Attorney-General's Reference No 29 of 2008 (Jon Peter Dixon)

A non-custodial sentence does not vindicate the principle that children under 13 require protection, even from themselves, and a custodial sentence is required except in vanishingly rare cases. The sentence imposed was unduly lenient and must be replaced with a custodial sentence.

Parties
Applicant: Attorney-General; Respondent/offender: Jon Peter Dixon
Jurisdiction
England and Wales
Judgment Date
31 July 2008
Procedural Posture
Criminal Appeal (attorney General's Reference) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentence quashed and replaced with custodial sentence.
Legal Topics
Sexual Offences, Sentencing, Protection of Children, Attorney General's Reference
Criminal Law Sexual Offences Sentencing Protection of Children Attorney General's Reference

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Parties

Attorney-General

Applicant

Jon Peter Dixon

Respondent/offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed for sexual offences against a child was unduly lenient
  2. 2 Appropriate sentencing principles for sexual activity with a child under 13

Ratio Decidendi

A non-custodial sentence does not vindicate the principle that children under 13 require protection, even from themselves, and a custodial sentence is required except in vanishingly rare cases. The sentence imposed was unduly lenient and must be replaced with a custodial sentence.

Court Disposition

Appeal allowed; sentence quashed and replaced with custodial sentence.

Orders

  • Original community order quashed.
  • Offender sentenced to 2 years' imprisonment on assault and attempted rape charges, concurrent.