Woolner, R. v

Woolner, R. v

The sentence was unduly lenient because the offence should have been categorised as category 1A, with a starting point of five years' custody, reduced to reflect the absence of actual harm and the guilty plea. The correct sentence is 30 months' imprisonment.

Source-derived case information.

Parties
Applicant: Attorney General (Her Majesty's Solicitor General); Respondent/offender: Robert Alan Woolner
Jurisdiction
England and Wales
Judgment Date
17 September 2020
Procedural Posture
Criminal Appeal (attorney General's Reference) / Judgment on Reference for Unduly Lenient Sentence
Outcome
Reference allowed; sentence increased
Legal Topics
Unduly Lenient Sentence, Sexual Offences, Sentencing Guidelines, Attempted Offences
Criminal Law Sentencing Unduly Lenient Sentence Sexual Offences Sentencing Guidelines Attempted Offences

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Parties

Attorney General (Her Majesty's Solicitor General)

Applicant

Robert Alan Woolner

Respondent/offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Judgment on Reference for Unduly Lenient Sentence

Legal Issues

  1. 1 Whether the sentence imposed for attempting to arrange or facilitate the commission of a child sex offence was unduly lenient
  2. 2 Proper categorisation of harm under sentencing guidelines where the intended victim is fictitious

Ratio Decidendi

The sentence was unduly lenient because the offence should have been categorised as category 1A, with a starting point of five years' custody, reduced to reflect the absence of actual harm and the guilty plea. The correct sentence is 30 months' imprisonment.

Court Disposition

Reference allowed; sentence increased

Orders

  • Sentence on count 1 (attempting to arrange or facilitate commission of a child sex offence) increased to two years' imprisonment after credit for guilty plea
  • Consecutive sentences on other counts to stand