R v Luke Forde

R v Luke Forde

The original sentence failed to reflect the overall criminality and totality of offending; sentences for counts 2 and 3 should be consecutive, resulting in a four-year custodial sentence which cannot lawfully be suspended.

Parties
Applicant: Attorney General; Respondent: Luke Forde
Jurisdiction
England and Wales
Judgment Date
15 December 2022
Procedural Posture
Criminal Appeal / Reference Under S.36 Criminal Justice Act 1988
Outcome
Attorney General's Reference allowed in part
Legal Topics
Sentencing, Sexual Offences, Incitement, Attempted Offences, Totality Principle
Criminal Law Sentencing Sexual Offences Incitement Attempted Offences Totality Principle

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Parties

Attorney General

Applicant

Luke Forde

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the original sentence was unduly lenient
  2. 2 Appropriate categorisation under sentencing guidelines
  3. 3 Application of totality principle

Ratio Decidendi

The original sentence failed to reflect the overall criminality and totality of offending; sentences for counts 2 and 3 should be consecutive, resulting in a four-year custodial sentence which cannot lawfully be suspended.

Court Disposition

Attorney General's Reference allowed in part

Orders

  • Leave granted for Reference
  • Sentence on count 2: two years' imprisonment (not suspended)