Attorney General Reference No 67 of 2004
Given the systematic abuse of trust, multiplicity of offences, and significant harm to two child victims, a substantial custodial sentence was required. The original non-custodial sentence was unduly lenient. Taking into account double jeopardy, age, and health, the appropriate sentence is 18 months' imprisonment.
- Parties
- Applicant: Attorney General; Respondent: Offender
- Jurisdiction
- England and Wales
- Judgment Date
- 04 November 2004
- Procedural Posture
- Criminal Reference / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
- Outcome
- Appeal allowed; sentence increased
- Legal Topics
- Indecent Assault, Sexual Offences, Sentencing, Unduly Lenient Sentences
Case Brief
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Parties
Attorney General
Applicant
Offender
Respondent
Procedural Posture
Criminal Reference / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Legal Issues
- 1 Whether the sentence imposed was unduly lenient for offences of indecent assault and indecency with a child
Ratio Decidendi
Given the systematic abuse of trust, multiplicity of offences, and significant harm to two child victims, a substantial custodial sentence was required. The original non-custodial sentence was unduly lenient. Taking into account double jeopardy, age, and health, the appropriate sentence is 18 months' imprisonment.
Court Disposition
Appeal allowed; sentence increased
Orders
- Original community rehabilitation order quashed
- Offender sentenced to 18 months' imprisonment on each count, to run concurrently
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