W & Anor, R. v

W & Anor, R. v

The sentences of five years for multiple rapes and other sexual offences committed against very young children over a sustained period were unduly lenient. The correct reduction from the adult starting point, considering the offenders' youth and circumstances, was 50 percent, not two-thirds. The sentences were quashed and substituted with terms of ten years on each relevant count.

Parties
Applicant: Attorney General; Respondent: [W]; Respondent: [J]
Jurisdiction
England and Wales
Judgment Date
25 January 2018
Procedural Posture
Criminal Appeal / Reference Under S.36 Criminal Justice Act 1988; Sentencing Review
Outcome
sentences quashed and substituted
Legal Topics
Sentencing, Historic Sexual Offences, Rape of a Child, Leniency of Sentence
Criminal Law Sentencing Historic Sexual Offences Rape of a Child Leniency of Sentence

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Parties

Attorney General

Applicant

[W]

Respondent

[J]

Respondent

Procedural Posture

Criminal Appeal / Reference Under S.36 Criminal Justice Act 1988; Sentencing Review

Legal Issues

  1. 1 Whether the sentences imposed for historic sexual offences against children were unduly lenient
  2. 2 Appropriate sentencing approach for offences committed by young offenders but sentenced as adults

Ratio Decidendi

The sentences of five years for multiple rapes and other sexual offences committed against very young children over a sustained period were unduly lenient. The correct reduction from the adult starting point, considering the offenders' youth and circumstances, was 50 percent, not two-thirds. The sentences were quashed and substituted with terms of ten years on each relevant count.

Court Disposition

sentences quashed and substituted

Orders

  • Sentences of five years on counts 1 to 7 for [W] and counts 8, 10, 13, 14, 15 for [J] quashed
  • Substituted terms of ten years on each relevant count