R v ADX

R v ADX

The original sentence of 11 years' imprisonment was unduly lenient as it failed to reflect the seriousness and multiplicity of the offences against two children, and the reduction for totality was excessive. The correct approach required consecutive sentences with only a modest downward adjustment, resulting in a...

Source-derived case information.

Parties
Applicant: Attorney General; Respondent: ADX
Jurisdiction
England and Wales
Judgment Date
03 May 2024
Procedural Posture
Criminal Appeal / Reference Under S.36 Criminal Justice Act 1988
Outcome
sentence quashed and substituted
Legal Topics
Sexual Offences, Sentencing, Unduly Lenient Sentence, Totality Principle
Criminal Law Sexual Offences Sentencing Unduly Lenient Sentence Totality Principle

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Parties

Attorney General

Applicant

ADX

Respondent

Procedural Posture

Criminal Appeal / Reference Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Was the original sentence imposed for multiple sexual offences against children unduly lenient?
  2. 2 Did the sentencing judge correctly apply the totality principle and sentencing guidelines?

Ratio Decidendi

The original sentence of 11 years' imprisonment was unduly lenient as it failed to reflect the seriousness and multiplicity of the offences against two children, and the reduction for totality was excessive. The correct approach required consecutive sentences with only a modest downward adjustment, resulting in a substituted sentence of 17 years 6 months' imprisonment.

Court Disposition

sentence quashed and substituted

Orders

  • Original sentence of 11 years' imprisonment quashed.
  • Substituted sentence of 17 years 6 months' imprisonment imposed: 5 years 6 months for C1, 12 years for C2, to run consecutively.