R v “WVF”

The judge erred by not applying the Guideline for causing or inciting a child under 13 to engage in sexual activity and by failing to find abuse of trust, which was clearly present. The correct starting point was higher, and after mitigation and credit for plea, the appropriate sentence was 3 years 4 months imprisonment.

Parties: Applicant: Attorney General; Respondent: WVF
Jurisdiction: England and Wales
Judgment Date: 19 January 2023
Procedural Posture: Criminal Appeal / Reference for Review of Sentence
Outcome: Reference succeeds; sentence increased.
Legal Topics: Sentencing, Sexual Offences, Abuse of Trust, Indecent Images, Causing or Inciting a Child to Engage in Sexual Activity

Criminal Law Child Protection Sentencing Sexual Offences Abuse of Trust Indecent Images Causing or Inciting a Child to Engage in Sexual Activity

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 4

Parties

Attorney General

Applicant

WVF

Respondent

Procedural Posture

Criminal Appeal / Reference for Review of Sentence

Legal Issues

1 Whether the sentence imposed was unduly lenient
2 Appropriate application of Sentencing Council Guidelines
3 Existence and relevance of abuse of trust

Ratio Decidendi

Court Disposition

Reference succeeds; sentence increased.

Orders

Impose overall sentence of 3 years 4 months imprisonment on counts 4 to 7, concurrent with each other and with counts 1 to 3.
Counts 1 to 3 remain at 15 months imprisonment, no longer suspended.