CB, R v

CB, R v

The total sentence of nine years was excessive for the offences committed; the appropriate total sentence should be seven years, reflecting the seriousness and persistence of the offences but also the principle that sentencing should be based on the norms at the time of the offences.

Parties
Prosecution: Regina; Appellant: CB
Jurisdiction
England and Wales
Judgment Date
21 October 2003
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Indecent Assault, Gross Indecency, Sentencing, Sexual Offences Against Children
Criminal Law Indecent Assault Gross Indecency Sentencing Sexual Offences Against Children

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Parties

Regina

Prosecution

CB

Appellant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the sentence imposed was excessive for offences of indecent assault and indecency with a child
  2. 2 Whether the sentencing judge should have considered the sentence that would have been imposed at the time of the offences

Ratio Decidendi

The total sentence of nine years was excessive for the offences committed; the appropriate total sentence should be seven years, reflecting the seriousness and persistence of the offences but also the principle that sentencing should be based on the norms at the time of the offences.

Court Disposition

appeal allowed in part

Orders

  • Sentence of nine years quashed
  • Substitute total sentence of seven years' imprisonment: three years for indecent assault on N and four years consecutive for indecent assault on S