Hayter, R. v [2021] EWCA Crim 1562 (12 October 2021)

Hayter, R. v [2021] EWCA Crim 1562 (12 October 2021)

The sentence was manifestly excessive because inadequate consideration was given to the significant delay in bringing the appellant to justice, which was not attributable to him. The sentences on the concurrent counts should be reduced to reflect this mitigating factor.

Source-derived case information.

Citation
[2021] EWCA Crim 1562
Parties
Prosecution: Regina; Appellant: Christopher Hayter
Jurisdiction
England and Wales
Judgment Date
12 October 2021
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sexual Offences, Sentencing, Appeal Against Sentence, Delay as Mitigation, Child Protection
Criminal Law Sexual Offences Sentencing Appeal Against Sentence Delay as Mitigation Child Protection

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Regina

Prosecution

Christopher Hayter

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the sentencing judge gave adequate consideration to the delay in bringing the case to trial as a mitigating factor
  3. 3 Whether the judge properly assessed aggravating and mitigating factors, including psychological harm and grooming

Ratio Decidendi

The sentence was manifestly excessive because inadequate consideration was given to the significant delay in bringing the appellant to justice, which was not attributable to him. The sentences on the concurrent counts should be reduced to reflect this mitigating factor.

Court Disposition

appeal allowed in part

Orders

  • Sentence under Counts 1, 3, 6, 7, 8, 10 and 11 reduced from four years to three years' imprisonment, to run concurrently.
  • Total sentence now three years' imprisonment with a consecutive special custodial sentence of six years (five years' custody plus one year extension).