Jenkins, R v

Jenkins, R v

The sentence imposed was not manifestly excessive; the judge was entitled to adopt a starting point of six years before credit for plea, and personal mitigation did not justify a reduction outside the sentencing guidelines.

Parties
Prosecutor: Regina; Appellant: David Jenkins
Jurisdiction
England and Wales
Judgment Date
13 September 2019
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sexual Offences, Sentencing, Child Protection, Appeal Against Sentence
Criminal Law Sexual Offences Sentencing Child Protection Appeal Against Sentence

Case Brief

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Parties

Regina

Prosecutor

David Jenkins

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the starting point for sentencing was too high
  3. 3 Whether sufficient account was taken of personal mitigation

Ratio Decidendi

The sentence imposed was not manifestly excessive; the judge was entitled to adopt a starting point of six years before credit for plea, and personal mitigation did not justify a reduction outside the sentencing guidelines.

Court Disposition

appeal dismissed

Orders

  • Sentence of four years' imprisonment upheld
  • Sexual Harm Prevention Order remains in force