CB, R v [2003] EWCA Crim 3003 (21 October 2003)

CB, R v [2003] EWCA Crim 3003 (21 October 2003)

The total sentence of nine years was excessive given the applicant's age at the time of the offences and the sentencing norms of the period; a total sentence of seven years is appropriate.

Citation
[2003] EWCA Crim 3003
Parties
Appellant: CB; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
21 October 2003
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Indecent Assault, Gross Indecency With a Child, Sentencing, Historic Sexual Offences
Criminal Law Indecent Assault Gross Indecency With a Child Sentencing Historic Sexual Offences

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Parties

CB

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was excessive for historic offences of indecent assault and indecency with a child
  2. 2 Whether sentencing should reflect the period when the offences were committed

Ratio Decidendi

The total sentence of nine years was excessive given the applicant's age at the time of the offences and the sentencing norms of the period; a total sentence of seven years is appropriate.

Court Disposition

appeal allowed in part

Orders

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