Smith, R. v [2025] EWCA Crim 1610 (21 November 2025)

Smith, R. v [2025] EWCA Crim 1610 (21 November 2025)

The original sentence failed to sufficiently reflect the totality and seriousness of the offending, particularly by not providing adequate uplift for the multiple sexual offences committed. The appropriate sentence, after trial, for the lead offence reflecting all criminality was 17 years' custody with a 3-year extended licence period.

Citation
[2025] EWCA Crim 1610
Parties
Prosecution: Rex; Respondent: Brandon Smith
Jurisdiction
England and Wales
Judgment Date
21 November 2025
Procedural Posture
Criminal Appeal Reference by Attorney General Under S.36 Criminal Justice Act 1988 / Appeal Against Sentence (unduly Lenient Sentence Reference)
Outcome
Appeal allowed; sentence increased
Legal Topics
Sentencing, Sexual Offences, Unduly Lenient Sentences, Appeals
Criminal Law Sentencing Sexual Offences Unduly Lenient Sentences Appeals

Case Brief

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Parties

Rex

Prosecution

Brandon Smith

Respondent

Procedural Posture

Criminal Appeal Reference by Attorney General Under S.36 Criminal Justice Act 1988 / Appeal Against Sentence (unduly Lenient Sentence Reference)

Legal Issues

  1. 1 Whether the sentence imposed for multiple sexual offences including rape was unduly lenient
  2. 2 Proper categorisation of harm and culpability under sentencing guidelines
  3. 3 Appropriate uplift for multiple offences in sentencing

Ratio Decidendi

The original sentence failed to sufficiently reflect the totality and seriousness of the offending, particularly by not providing adequate uplift for the multiple sexual offences committed. The appropriate sentence, after trial, for the lead offence reflecting all criminality was 17 years' custody with a 3-year extended licence period.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Custodial term for count 1 (rape) increased to 17 years' imprisonment
  • Extended licence period of 3 years maintained