Edwards, R v [2009] EWCA Crim 132 (20 January 2009)

Edwards, R v [2009] EWCA Crim 132 (20 January 2009)

The original sentence was unduly lenient because it was based on an incorrect assessment that the victim seduced the offender and failed to reflect the seriousness of the offences. An immediate custodial sentence of twelve months' imprisonment is appropriate, with all sentences to run concurrently.

Citation
[2009] EWCA Crim 132
Parties
Applicant: Attorney General; Respondent/offender: Sharon Edwards
Jurisdiction
England and Wales
Judgment Date
20 January 2009
Procedural Posture
Criminal Appeal (attorney General's Reference) / Sentence Review Under Section 36 of the Criminal Justice Act 1988
Outcome
Appeal allowed; sentence increased
Legal Topics
Unduly Lenient Sentences, Sexual Offences With a Child, Supply of Controlled Drugs, Sentencing Guidelines
Criminal Law Unduly Lenient Sentences Sexual Offences With a Child Supply of Controlled Drugs Sentencing Guidelines

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Parties

Attorney General

Applicant

Sharon Edwards

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 original sentence was unduly lenient
  2. 2 Whether the sentence should have been suspended
  3. 3 Appropriate sentence for sexual activity with a child and offering to supply a controlled drug

Ratio Decidendi

The original sentence was unduly lenient because it was based on an incorrect assessment that the victim seduced the offender and failed to reflect the seriousness of the offences. An immediate custodial sentence of twelve months' imprisonment is appropriate, with all sentences to run concurrently.

Court Disposition

Appeal allowed; sentence increased

Orders

  • The suspended sentence is quashed.
  • Twelve months' imprisonment on each count, all to run concurrently, to take effect immediately upon surrender to custody.