Attorney General's Reference No 53 of 2004

Attorney General's Reference No 53 of 2004

The original sentence of five years' imprisonment was unduly lenient given the aggravating factors of multiple young victims, prolonged and frequent abuse, breach of trust, grooming, and grave impact on victims. Recent authorities require more severe sentences for such offences, and the appropriate sentence, after allowing for double jeopardy, is six years' imprisonment.

Parties
Applicant: Attorney General; Respondent: Offender (Mr Lowe)
Jurisdiction
England and Wales
Judgment Date
01 July 2004
Procedural Posture
Criminal Reference / Appeal on Sentence (attorney General's Reference Under S.36 Criminal Justice Act 1988)
Outcome
Appeal allowed; sentence increased
Legal Topics
Sentencing, Sexual Offences, Indecent Assault, Aggravating and Mitigating Factors, Double Jeopardy, Abuse of Trust
Criminal Law Sentencing Sexual Offences Indecent Assault Aggravating and Mitigating Factors Double Jeopardy Abuse of Trust

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Parties

Attorney General

Applicant

Offender (Mr Lowe)

Respondent

Procedural Posture

Criminal Reference / Appeal on Sentence (attorney General's Reference Under S.36 Criminal Justice Act 1988)

Legal Issues

  1. 1 Whether the original sentence of five years' imprisonment for multiple counts of indecent assault on minors was unduly lenient
  2. 2 What is the appropriate sentence in light of aggravating and mitigating factors and relevant authorities

Ratio Decidendi

The original sentence of five years' imprisonment was unduly lenient given the aggravating factors of multiple young victims, prolonged and frequent abuse, breach of trust, grooming, and grave impact on victims. Recent authorities require more severe sentences for such offences, and the appropriate sentence, after allowing for double jeopardy, is six years' imprisonment.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Original sentences of five years' imprisonment quashed
  • Substituted sentences of six years' imprisonment on each count, to run concurrently