Corran & Ors, R v

Corran & Ors, R v

Sentences for offences under the Sexual Offences Act 2003 must reflect the seriousness of the conduct, aggravating and mitigating factors, and Parliament's increased maximum penalties. Life sentences are justified where the offender poses a continuing serious danger and the offence is very serious. Notional determinate sentences must not overlap with the element of public protection already addressed by the life sentence.

Parties
Appellant: Ben Corran; Applicant: Jason Cutler; Applicant: Kevin Phillip Heard; Applicant: Anthony Michael Williams
Jurisdiction
England and Wales
Judgment Date
02 February 2005
Procedural Posture
Criminal Appeal / Judgment on Appeal and Applications for Leave to Appeal
Outcome
Appeals allowed in part; sentences varied in some cases; leave to appeal refused in others.
Legal Topics
Sentencing Guidelines, Sexual Offences Act 2003, Rape of a Child Under 13, Penetrative Sexual Activity With a Child, Sexual Assault, Abduction, Indecent Images, Extended Sentences, Life Imprisonment
Criminal Law Sexual Offences Sentencing Guidelines Sexual Offences Act 2003 Rape of a Child Under 13 Penetrative Sexual Activity With a Child Sexual Assault Abduction +3 more

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Parties

Ben Corran

Appellant

Jason Cutler

Applicant

Kevin Phillip Heard

Applicant

Anthony Michael Williams

Applicant

Procedural Posture

Criminal Appeal / Judgment on Appeal and Applications for Leave to Appeal

Legal Issues

  1. 1 Appropriate sentencing for offences under the Sexual Offences Act 2003
  2. 2 Application of aggravating and mitigating factors in sentencing
  3. 3 Justification for life sentences and extended sentences

Ratio Decidendi

Sentences for offences under the Sexual Offences Act 2003 must reflect the seriousness of the conduct, aggravating and mitigating factors, and Parliament's increased maximum penalties. Life sentences are justified where the offender poses a continuing serious danger and the offence is very serious. Notional determinate sentences must not overlap with the element of public protection already addressed by the life sentence.

Court Disposition

Appeals allowed in part; sentences varied in some cases; leave to appeal refused in others.

Orders

  • Corran: Sentence of 2 years' detention quashed; disqualification from working with children quashed; conditional discharge for 6 months substituted.
  • Cutler: Leave to appeal refused; sentence upheld.