R v Wayne Morgan

R v Wayne Morgan

The original sentence failed to reflect the overall gravity of the offending and the principle of totality, given the number and seriousness of offences. The most serious offence (count 5) warranted a higher custodial term (8 years) within the guideline range, and the total sentence was increased accordingly. The judge's assessment of psychological harm and SHPO conditions was within his discretion and not in error.

Parties
Applicant: Attorney General; Respondent/offender: Wayne Morgan
Jurisdiction
England and Wales
Judgment Date
13 February 2026
Procedural Posture
Criminal Appeal (reference by Attorney General) / Judgment on Application for Leave and Substantive Reference Under S.36 Criminal Justice Act 1988
Outcome
Application for leave granted; sentence on count 5 quashed and substituted; total sentence increased.
Legal Topics
Unduly Lenient Sentences, Sexual Assault of a Child, Causing or Inciting a Child to Engage in Sexual Activity, Sentencing Guidelines, Sexual Harm Prevention Orders
Criminal Law Sexual Offences Sentencing Unduly Lenient Sentences Sexual Assault of a Child Causing or Inciting a Child to Engage in Sexual Activity Sentencing Guidelines Sexual Harm Prevention Orders

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Parties

Attorney General

Applicant

Wayne Morgan

Respondent/offender

Procedural Posture

Criminal Appeal (reference by Attorney General) / Judgment on Application for Leave and Substantive Reference Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the original sentence was unduly lenient under s.36 Criminal Justice Act 1988
  2. 2 Whether the sentencing judge erred in categorising harm and culpability under the Sentencing Council Guidelines
  3. 3 Whether the principle of totality was properly applied in sentencing for multiple offences

Ratio Decidendi

The original sentence failed to reflect the overall gravity of the offending and the principle of totality, given the number and seriousness of offences. The most serious offence (count 5) warranted a higher custodial term (8 years) within the guideline range, and the total sentence was increased accordingly. The judge's assessment of psychological harm and SHPO conditions was within his discretion and not in error.

Court Disposition

Application for leave granted; sentence on count 5 quashed and substituted; total sentence increased.

Orders

  • Sentence on count 5 quashed and substituted with an extended sentence of 10 years (8 years custody, 2 years extended licence)
  • Other sentences to remain concurrent and unaltered