R v DEF

R v DEF

The upward adjustment of 6 years to reflect the other sexual offending was disproportionate and failed to respect the principle of totality; a greater downward adjustment should have been applied for desisting; the overall sentence was manifestly excessive and was reduced accordingly.

Parties
Appellant: D. E. F.; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
11 June 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part; sentence reduced
Legal Topics
Sexual Offences, Sentencing, Appeal Against Sentence, Assault Occasioning Actual Bodily Harm, Failure to Surrender to Bail
Criminal Law Sexual Offences Sentencing Appeal Against Sentence Assault Occasioning Actual Bodily Harm Failure to Surrender to Bail

Case Brief

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Parties

D. E. F.

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for sexual offences and related offences was manifestly excessive
  2. 2 Whether the principle of totality was properly applied in sentencing
  3. 3 Whether the downward adjustment for desisting from penetration was adequate

Ratio Decidendi

The upward adjustment of 6 years to reflect the other sexual offending was disproportionate and failed to respect the principle of totality; a greater downward adjustment should have been applied for desisting; the overall sentence was manifestly excessive and was reduced accordingly.

Court Disposition

appeal allowed in part; sentence reduced

Orders

  • Sentence of 14 years on count 6 quashed and substituted with 11 years
  • Sentences on counts 1 and 3 remain concurrent