Levesconte, R. v [2024] EWCA Crim 1200 (31 July 2024)

Levesconte, R. v [2024] EWCA Crim 1200 (31 July 2024)

The sentence of eight years on count 5 exceeded or might have exceeded the statutory maximum for a young offender at the time of the offence and was therefore unlawful; the lead sentence should have been imposed on count 7, with appropriate reductions for age, mitigation, and totality, resulting in a total sentence of ten years' imprisonment.

Citation
[2024] EWCA Crim 1200
Parties
Prosecution: Rex; Appellant: David Levesconte
Jurisdiction
England and Wales
Judgment Date
31 July 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Sexual Offences, Historical Offences, Appeal Procedure, Totality Principle
Criminal Law Sentencing Sexual Offences Historical Offences Appeal Procedure Totality Principle

Case Brief

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Parties

Rex

Prosecution

David Levesconte

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed exceeded the statutory maximum for the relevant offences at the time of commission
  2. 2 Whether sufficient reduction was given for the appellant's age at the time of offending
  3. 3 Whether the total sentence was manifestly excessive given the passage of time and mitigation

Ratio Decidendi

The sentence of eight years on count 5 exceeded or might have exceeded the statutory maximum for a young offender at the time of the offence and was therefore unlawful; the lead sentence should have been imposed on count 7, with appropriate reductions for age, mitigation, and totality, resulting in a total sentence of ten years' imprisonment.

Court Disposition

appeal allowed in part

Orders

  • Sentence on count 5 quashed and substituted with ten months' imprisonment, concurrent with count 7.
  • Sentence on count 7 remains at four years' imprisonment.