BXP & Anor, R. v [2024] EWCA Crim 1659 (05 December 2024)

BXP & Anor, R. v [2024] EWCA Crim 1659 (05 December 2024)

The sentences imposed on BXP and ADK were manifestly excessive as the sentencing judge did not sufficiently take account of the totality principle, given that the lead offences were already sentenced towards the top of the relevant range and the uplift for concurrent offences resulted in an excessive overall...

Source-derived case information.

Citation
[2024] EWCA Crim 1659
Parties
Respondent: Regina; Appellant: BXP; Appellant: ADK
Jurisdiction
England and Wales
Judgment Date
05 December 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeals allowed; sentences varied
Legal Topics
Sexual Offences, Sentencing, Appeal Against Sentence, Child Protection, Abuse of Trust, Totality Principle
Criminal Law Sexual Offences Sentencing Appeal Against Sentence Child Protection Abuse of Trust Totality Principle

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Parties

Regina

Respondent

BXP

Appellant

ADK

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed on BXP and ADK were manifestly excessive in light of the totality principle and credit for guilty pleas
  2. 2 Proper categorisation of harm and culpability under the Sentencing Guidelines for sexual offences against children

Ratio Decidendi

The sentences imposed on BXP and ADK were manifestly excessive as the sentencing judge did not sufficiently take account of the totality principle, given that the lead offences were already sentenced towards the top of the relevant range and the uplift for concurrent offences resulted in an excessive overall sentence. The Court of Appeal substituted lower determinate terms with the same extended licence periods.

Court Disposition

Appeals allowed; sentences varied

Orders

  • For BXP: Substituted an extended sentence with a determinate period of 13 years' imprisonment and an extended licence period of 5 years on count 1; other concurrent sentences unchanged.
  • For ADK: Substituted an extended sentence with a determinate period of 8 years' imprisonment and an extended licence period of 5 years on count 2; other concurrent sentences unchanged.