Attorney General Reference No 7 of 2011

Attorney General Reference No 7 of 2011

The original sentences for counts 3, 4, and 5 were too lenient given the gravity, abuse of trust, threats, and psychological harm. The sentence for count 7 should run consecutively. The sentence for computer images should run concurrently due to double jeopardy. The total sentence is increased to 6 years to properly reflect total criminality.

Parties
Applicant: Attorney General; Respondent: John David Smith
Jurisdiction
England and Wales
Judgment Date
07 March 2011
Procedural Posture
Criminal Reference / Appeal
Outcome
sentence increased
Legal Topics
Sentencing, Sexual Offences, Abuse of Trust, Double Jeopardy, Totality Principle
Criminal Law Sentencing Sexual Offences Abuse of Trust Double Jeopardy Totality Principle

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Parties

Attorney General

Applicant

John David Smith

Respondent

Procedural Posture

Criminal Reference / Appeal

Legal Issues

  1. 1 Appropriate sentencing for historic sexual offences under Sexual Offences Act 1956 in light of Definitive Guidelines under Sexual Offences Act 2003
  2. 2 Application of totality principle in sentencing for multiple offences
  3. 3 Consideration of aggravating factors such as abuse of trust and psychological harm

Ratio Decidendi

The original sentences for counts 3, 4, and 5 were too lenient given the gravity, abuse of trust, threats, and psychological harm. The sentence for count 7 should run consecutively. The sentence for computer images should run concurrently due to double jeopardy. The total sentence is increased to 6 years to properly reflect total criminality.

Court Disposition

sentence increased

Orders

  • Counts 3, 4, and 5 increased to 5 years imprisonment, concurrent.
  • Count 7 (offence against girl H) to run consecutively to counts 1-6.