DEF, R. v [2024] EWCA Crim 1303 (16 October 2024)
The upward adjustment of 6 years to the lead sentence for sexual offences was disproportionate and failed to respect the principle of totality; a greater downward adjustment should have been made for the appellant's desisting. The victim surcharge was unlawfully imposed as no fine was included for the relevant period.
Source-derived case information.
- Citation
- [2024] EWCA Crim 1303
- Parties
- Prosecution: Rex; Appellant: D. E. F.
- Jurisdiction
- England and Wales
- Judgment Date
- 16 October 2024
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal allowed in part
- Legal Topics
- Sexual Offences, Sentencing, Assault Occasioning Actual Bodily Harm, Failure to Surrender to Bail, Victim Surcharge
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
D. E. F.
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence imposed for sexual offences was manifestly excessive
- 2 Whether the upward adjustment to the lead sentence respected the principle of totality
- 3 Whether the victim surcharge was lawfully imposed
Ratio Decidendi
The upward adjustment of 6 years to the lead sentence for sexual offences was disproportionate and failed to respect the principle of totality; a greater downward adjustment should have been made for the appellant's desisting. The victim surcharge was unlawfully imposed as no fine was included for the relevant period.
Court Disposition
appeal allowed in part
Orders
- Sentence of 14 years on count 6 quashed and substituted with 11 years
- Other sentences remain the same
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